NORTHERN LIGHTS EXPRESS

U.S. Department of Transportation

Federal Railroad Administration

Finding of No Significant Impact and

Section 4(f) Determination

Northern Lights Express Passenger Rail Project from Minneapolis to Duluth,

Minnesota

Counties: Hennepin, Anoka, Isanti, Kanabec, Pine, Carlton, and St. Louis of Minnesota

and Douglas of Wisconsin

January 2018
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Contents

1. Background ...................................................................................... 1‐1

2. Statement of Purpose and Need....................................................... 2‐1

2.1 Purpose ....................................................................................................................... 2‐1

2.2 Need............................................................................................................................ 2‐1

3. Alternatives Evaluation .................................................................... 3‐1

3.1 No Build Alternative .................................................................................................... 3‐1

3.2 Build Alternative (Selected Alternative)....................................................................... 3‐1

3.2.1 Track Infrastructure................................................................................................ 3‐2

3.2.2 Stations................................................................................................................... 3‐2

3.2.3 Maintenance and Layover Facilities....................................................................... 3‐3

3.2.4 Bridges and Culverts............................................................................................... 3‐4

3.2.5 Signal Systems........................................................................................................ 3‐4

3.2.6 Roadways/Grade Crossings.................................................................................... 3‐4

3.3 Benefits of the Selected Alternative............................................................................. 3‐5

4. Environmental Consequences and Mitigation................................... 4‐1

4.1 Transportation............................................................................................................. 4‐3

4.1.1 Freight and Passenger Rail Operations.................................................................. 4‐3

4.1.2 Transit..................................................................................................................... 4‐4

4.1.3 Traffic Circulation in Station Communities............................................................ 4‐5

4.1.4 Bicycle and Pedestrian Facilities ............................................................................ 4‐5

4.1.5 Agency Finding ....................................................................................................... 4‐6

4.2 Right of Way ................................................................................................................ 4‐6

4.2.1 Summary of Impacts .............................................................................................. 4‐6

4.2.2 Avoidance, Minimization and Mitigation Commitments....................................... 4‐7
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4.2.3 Agency Finding ....................................................................................................... 4‐7

4.3 Vegetation and Wildlife ............................................................................................... 4‐7

4.3.1 Native Prairie.......................................................................................................... 4‐7

4.3.2 Invasive Species...................................................................................................... 4‐8

4.3.3 Wildlife Habitat ...................................................................................................... 4‐8

4.3.4 Animal Mortality and Movement........................................................................... 4‐9

4.3.5 Aquatic Habitats................................................................................................... 4‐10

4.3.6 Agency Finding ..................................................................................................... 4‐10

4.4 Threatened and Endangered Species......................................................................... 4‐11

4.4.1 Summary of Impacts ............................................................................................ 4‐11

4.4.2 Avoidance, Minimization and Mitigation Commitments..................................... 4‐12

4.4.3 Agency Finding ..................................................................................................... 4‐13

4.5 Wetlands................................................................................................................... 4‐14

4.5.1 Wetlands .............................................................................................................. 4‐14

4.5.2 MnDNR Public Waters.......................................................................................... 4‐15

4.5.3 Agency Finding ..................................................................................................... 4‐16

4.6 Surface Water............................................................................................................ 4‐17

4.6.1 Land Cover (Erosion and Sedimentation) ............................................................ 4‐17

4.6.2 Surface Waters..................................................................................................... 4‐17

4.6.3 Floodplains........................................................................................................... 4‐18

4.6.4 Shorelands............................................................................................................ 4‐19

4.6.5 Coastal Zone Management Areas – Lake Superior.............................................. 4‐19

4.6.6 Agency Finding ..................................................................................................... 4‐19

4.7 Groundwater............................................................................................................. 4‐20

4.7.1 Wellhead Protection ............................................................................................ 4‐20

4.7.2 Shallow Groundwater .......................................................................................... 4‐20

4.7.3 Agency Finding ..................................................................................................... 4‐21

4.8 Air Quality ................................................................................................................. 4‐21
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4.8.2 Agency Finding ..................................................................................................... 4‐22

4.9 Noise and Vibration ................................................................................................... 4‐22

4.9.2 Agency Finding ..................................................................................................... 4‐26

4.10 Contaminated Properties and Regulated Waste ........................................................ 4‐26

4.10.1 Summary of Impacts ............................................................................................ 4‐26

4.10.2 Avoidance, Minimization and Mitigation Commitments..................................... 4‐27

4.10.3 Agency Finding ..................................................................................................... 4‐28

4.11 Cultural Resources..................................................................................................... 4‐28

4.11.1 Summary of Impacts ............................................................................................ 4‐28

4.11.2 Avoidance, Minimization and Mitigation Commitments..................................... 4‐29

4.11.3 Agency Finding ..................................................................................................... 4‐29

4.12 Farmland and Soils..................................................................................................... 4‐30

4.12.1 Farmland .............................................................................................................. 4‐30

4.12.2 Soils ...................................................................................................................... 4‐30

4.12.3 Agency Finding ..................................................................................................... 4‐30

4.13 Parks and Recreation Areas ....................................................................................... 4‐31

4.13.1 Parks and Recreation Areas ................................................................................. 4‐31

4.13.2 Trails..................................................................................................................... 4‐31

4.13.3 Agency Finding ..................................................................................................... 4‐32

4.14 Socioeconomics......................................................................................................... 4‐32

4.14.1 Community Facilities............................................................................................ 4‐32

4.14.2 Community Access............................................................................................... 4‐33

4.14.3 Safety and Security/Public Health........................................................................ 4‐33

4.14.4 Infrastructure and Public Services ....................................................................... 4‐34

4.14.5 Acquisitions and Relocations ............................................................................... 4‐34

4.14.6 Agency Finding ..................................................................................................... 4‐35

4.15 Environmental Justice................................................................................................ 4‐35

4.15.1 Transportation...................................................................................................... 4‐35
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4.15.2 Right of Way ......................................................................................................... 4‐35

4.15.3 Air Quality............................................................................................................. 4‐36

4.15.4 Noise and Vibration.............................................................................................. 4‐36

4.15.5 Visual .................................................................................................................... 4‐37

4.15.6 Socioeconomics.................................................................................................... 4‐38

4.15.7 Economics ............................................................................................................ 4‐38

4.15.8 Agency Finding ..................................................................................................... 4‐39

4.16 Economics.................................................................................................................. 4‐39

4.16.1 Summary of Impacts ............................................................................................ 4‐39

4.16.2 Avoidance, Minimization and Mitigation Commitments..................................... 4‐39

4.16.3 Agency Finding ..................................................................................................... 4‐39

4.17 Indirect and Cumulative Effects ................................................................................. 4‐40

4.17.1 Summary of Impacts ............................................................................................ 4‐40

4.17.2 Avoidance, Minimization and Mitigation Commitments..................................... 4‐44

4.17.3 Agency Finding ..................................................................................................... 4‐44

5. Section 4(f) and Section 6(f) Determinations .................................... 5‐1

5.1 Section 4(f) .................................................................................................................. 5‐1

5.1.1 Summary of Impacts .............................................................................................. 5‐1

5.1.2 Avoidance, Minimization and Mitigation Commitments....................................... 5‐8

5.1.3 Agency Finding ....................................................................................................... 5‐9

5.2 Section 6(f) .................................................................................................................. 5‐9

5.2.1 Summary of Impacts .............................................................................................. 5‐9

5.2.2 Avoidance, Minimization and Mitigation Commitments..................................... 5‐10

5.2.3 Agency Finding ..................................................................................................... 5‐10

6. Comments and Coordination............................................................ 6‐1

7. Conclusion........................................................................................ 7‐1
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Figures

Figure 1: Project Location......................................................................................................................1‐3

Tables

Table 1: Station Locations......................................................................................................................3‐3

Table 2: Proposed Maintenance and/or Layover Facilities Locations...................................................3‐3

Table 3: Threatened and Endangered Species Findings......................................................................4‐11

Table 4: Summary of Noise Mitigation Effectiveness..........................................................................4‐25

Table 5: Summary of Indirect Impacts, Cumulative Effects and  

Associated Avoidance, Minimization and Mitigation Commitments ....................................4‐40

Table 6: Summary of Section 4(f) Findings and Coordination...............................................................5‐3

Table 7: Public Meeting Attendance and Comments Received ............................................................6‐1

Table 8: Summary of Comments Received During Public Review of NLX Tier 2 EA..............................6‐3

Appendices

Appendix A. Errata to the Tier 2 Project Level EA

Appendix B. Agency Comment Letters and Responses to Tier 2 Project Level EA

Appendix C. Public Comment Letters and Thematic Responses to Tier 2 Project Level EA

Appendix D. Agency Correspondence

Appendix E. Final Section 4(f) and Section 6(f) Evaluation

The NLX Project Level Environmental Assessment was approved by the Federal Railroad Administration (FRA)

on April 12, 2017. The entire document is available for review on the project website: www.mndot.gov/nlx.
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Finding of No Significant Impact and Section 4(f) Determination Background

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1. Background

The Federal Railroad Administration (FRA) and the Minnesota Department of Transportation (MnDOT), in

cooperation with the Wisconsin Department of Transportation (WisDOT), prepared a Tier 2 Project Level

(Tier 2) Environmental Assessment (EA) for the Northern Lights Express (NLX) Project.1 The Tier 2 EA was

prepared in compliance with the National Environmental Policy Act (NEPA) to fulfill the requirements of

42 United States Code (USC) 4321 et seq. and FRA’s Procedures for Considering Environmental Impacts

(64 Federal Register [FR] 28545, May 26, 1999, as updated in 78 FR 2713, January 14, 2013). Further, the

Tier 2 EA was prepared to fulfill the environmental review process requirements of Minnesota Statutes

(Minn. Stat.) 116D and Wisconsin Administrative Code Chapter Trans 400 and serves as an Environmental

Assessment Worksheet (EAW) under Minnesota state law.

As the lead federal agency, FRA provided $5 million in grant funding for the NLX Project, and MnDOT provided

$3 million in funding. This funding was used to complete the Tier 2 Project Level EA, preliminary engineering

plans, service development plan, and financial management plan. No funding for final design and construction

for the NLX Project has been identified.

The NLX Project will introduce new higher speed intercity passenger rail service between Minneapolis and

Duluth, Minnesota. Stations are proposed in six communities: Minneapolis, Coon Rapids, Cambridge, Hinckley,

and Duluth in Minnesota and Superior in Wisconsin. The NLX Project, including station locations, is shown in

Figure 1. In addition, the NLX Project will include one maintenance facility and one layover facility to provide

daily servicing of the trains. These facilities will either be on separate sites in Sandstone and Duluth, or co‐

located on one site in Duluth. The NLX Project will operate four round trips per day at speeds up to 90 miles

per hour (mph) on 152 miles of existing BNSF Railway (BNSF), formerly Burlington Northern Santa Fe Railway,

track in Minnesota (approximately 129 miles) and Wisconsin (approximately 23 miles). The NLX Project crosses

Hennepin, Anoka, Isanti, Kanabec, Pine, Carlton, and St. Louis counties in Minnesota, and Douglas County in

Wisconsin.

                                                           

1   A Tier 1 Service Level EA was completed for the project and a Finding of No Significant Impact (FONSI) issued for the Tier 1 EA in

August 2013. A condition of the 2013 FONSI was a commitment from MnDOT to complete project level environmental documentation

when determined necessary by FRA.
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This FONSI is conditioned on the following commitments from MnDOT:

 MnDOT and BNSF achieve agreement on infrastructure improvements that are required and sufficient to

sustain the proposed NLX service plan and that the preliminary engineering plans for the identified

infrastructure improvements are jointly approved between MnDOT and BNSF, and signed by FRA;

 MnDOT will supplement the environmental documentation, as determined necessary by the lead federal

agency, when the NLX Project is funded and moves into final design and construction;

 MnDOT will obtain all applicable permits and approvals prior to the start of construction; and

 MnDOT will perform all mitigation identified in this FONSI and subsequent environmental analysis.

The Tier 2 EA is incorporated in its entirety, with appendices, by reference in this FONSI. The Tier 2 EA is

located on the NLX Project website at www.mndot.gov/nlx.
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Figure 1: Project Location
Northern Lights Express Passenger Rail Project from Minneapolis to Duluth, Minnesota

Finding of No Significant Impact and Section 4(f) Determination Statement of Purpose and Need

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2. Statement of Purpose and Need

2.1 Purpose

The purpose for the NLX Project is to provide a means to meet transportation needs through creating a

passenger rail service linking Minneapolis and Duluth, connecting with other existing and planned

transportation systems.  

The NLX Project seeks to introduce a new intercity passenger rail service that will provide a reliable and cost‐

effective transportation option for travelers between Minneapolis and Duluth. The new service is designed to

provide connections not only between the two termini, but to offer a new transportation connection for

residents in the largely rural and small city markets of East Central Minnesota, that currently rely on limited

intercity bus or automobile travel for all trips. In keeping with Minnesota’s statewide initiatives to increase

multimodal transportation, intercity passenger rail and associated station stops must provide greater

intermodal connectivity2 to ensure that more options are available to travelers. The new intercity passenger

rail service must be cost‐effective, using freight railroad infrastructure, while working in concert with freight

railroads to coordinate needed rail improvements to support the new intercity passenger rail service.

2.2 Need

The need for the NLX Project is based on the limitations and vulnerabilities of available travel modes between

Minneapolis and Duluth. Existing transportation modes, including highway, bus, and air travel, have inherent

problems including congestion near the Twin Cities (including Minneapolis, St. Paul, and surrounding suburbs).

While Interstate 35 (I‐35) can adequately support vehicular travel outside of the Twin Cities and Twin Ports

areas (including the cities of Duluth, Minnesota and Superior, Wisconsin), there is a need to consider other

types of transportation options for expanding and changing populations that may not have access to vehicles

or bus travel.

                                                            

2   Intermodal connectivity refers to the ability of users to use and transfer between more than one mode of transportation (personal

automobile, bus, train, etc.) to complete a trip. An example of good intermodal connectivity is the ability to take a train from one city

to another and then switch to a bus to reach a final destination. As intermodal connectivity is improved, the ability to take a trip using

more than one mode of transportation becomes easier.
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The NLX Project will address the following needs for intercity travel between Minneapolis and Duluth:

 Limited statewide intermodal connectivity – The transportation system is important in providing

Minnesotans with access to work, school, health care, and recreation and is a critical factor in supporting

the state’s economy for movement of goods and services. Minnesota’s Statewide Multimodal

Transportation Plan identifies “Critical Connections” as a priority objective, stating that MnDOT should

“maintain and improve multimodal transportation connections essential for Minnesotans’ prosperity and

quality of life” (MnDOT, 2016a).

 Travel demand related to population trends – Minnesota’s population is growing, getting older and more

diverse. This growth will in turn increase access needs and travel demand options beyond the current

available transportation services.

 Decrease in reliable travel due to congestion – MnDOT has identified I‐35 as a High Priority Interregional

Corridor that is one of the most heavily traveled roads within Minnesota connecting the regional trade

centers of the Twin Cities and Duluth. Future traffic volumes in the state are expected to increase by 50 to

100 percent by 2030 (MnDOT, 2013). While I‐35 has sufficient capacity at mid‐corridor, volumes in the

segments approaching the Twin Cities result in traffic delays during peak periods that reduce travel

reliability. Anticipated funding for roadway projects will not be adequate to address congestion and

reliability problems.
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3. Alternatives Evaluation

The Tier 1 Service Level EA, completed in March 2013, included a multi‐level evaluation of a wide range of

corridors and potential alternatives for the NLX Project.3 The process included input through public outreach

and participation by stakeholder agencies as part of the evaluation process. Route 9, which utilizes the BNSF

Railway existing right of way between Target Field Station and the Depot in Duluth, was the preferred

alternative carried forward for analysis in the Tier 1 EA (see Figure 1) and the basis for further analysis and

refinement evaluated in the Tier 2 EA. The scope of the proposed improvements between the Tier 1 EA and

Tier 2 EA analyses were a result of the change in the operating plan from eight round trips per day at speeds

up to 110 mph to four round trips per day at speeds up to 90 mph, with new passenger rail equipment

traveling on BNSF tracks between Target Field Station in Minneapolis and the Duluth Station. Further, the

Tier 2 EA evaluated station stops at Target Field Station in Minneapolis; Coon Rapids; Cambridge; Hinckley;

Superior, Wisconsin; and Duluth. The Tier 2 EA also evaluated locations for maintenance and layover facilities

in Sandstone and Duluth. See Chapter 2 of the Tier 2 EA for additional information on the alternatives

evaluation process.

3.1 No Build Alternative

The No Build Alternative reflects existing and committed improvements to the transportation network for the

horizon year of 2040. The No Build Alternative does not include implementing the NLX Project. The existing

track configuration will remain. BNSF will carry out any rehabilitation or replacement of rail infrastructure to

meet the needs for regular freight rail operations. No stations, maintenance or layover facilities specific to NLX

Service will be constructed.

The No Build Alternative was analyzed in the EA to serve as a baseline and allow comparison to the Build

Alternative and to help decision‐makers and the public understand the ramifications of taking no action. See

Section 2.3.1 of the Tier 2 EA for additional information on the No Build Alternative.

3.2 Build Alternative (Selected Alternative)

The Build Alternative was chosen as the Project’s Selected Alternative after all potential impacts were

evaluated; avoidance, minimization and mitigation measures identified, and comments received during the

public comment period on the Tier 2 EA were reviewed and addressed. The Selected Alternative best met the

                                                            

3   Refer to Section 2.1 of the Tier 2 EA for discussion on the selection of the route and service alternatives. The Tier 2 EA is available for

review on the project website: www.mndot.gov/nlx.
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purpose and need of the NLX Project and was the only build alternative carried forward for further analysis in

the Tier 2 EA. The Selected Alternative for the NLX Project will introduce new higher speed intercity passenger

rail service between Minneapolis and Duluth and will operate on 152 miles of existing BNSF track in Minnesota

and Wisconsin (see Figure 1).

The infrastructure improvements for the Selected Alternative for the NLX Project, described below, include

improvements to existing track and construction of new track (including new mainline and new sidings), six

stations, a maintenance facility, and a layover facility, as well as road crossing improvements, bridge

improvements and other rail system improvements to maintain acceptable levels of freight service while

providing for new passenger service. Chapter 2 of the Tier 2 EA provides a detailed description of the NLX

Project and changes to Project elements that occurred between the Tier 1 EA and Tier 2 EA. The infrastructure

improvements evaluated in the Tier 2 EA will continue to be refined when the NLX Project is funded and moves

into final design and construction.

3.2.1 Track Infrastructure

Approximately 42 miles of new track (including new mainline and new sidings) is needed to allow the new

passenger trains and existing freight trains to operate within the same corridor. Approximately 42 miles of

infrastructure improvements, including tracks, sidings, turnouts and crossovers to existing track areas are

needed to accommodate the higher speeds of the passenger trains. In addition to new track, these

improvements include ballast replacement as part of the existing track rehabilitation. Refer to Table 2‐1 for

descriptions and Figure 2‐4 in the Tier 2 EA for the locations of the infrastructure improvements.

3.2.2 Stations

The six NLX stations will meet the needs of modern intercity passenger rail service and will include an enclosed

station building, platform and warming shelters, on‐site parking and multimodal transportation access. In

addition, all stations will be accessible and comply with the Americans with Disabilities Act (ADA). The station

locations are listed in Table 1. See Section 2.3.2.9 of the Tier 2 EA for additional information.
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Table 1: Station Locations

City General Location

Minneapolis Target Field Station

Coon Rapids Foley Boulevard

Cambridge City Center Mall

Hinckley Downtown  

Superior, Wisconsin Downtown  

Duluth New station at Union Depot

3.2.3 Maintenance and Layover Facilities

To accommodate NLX Service, one maintenance facility and one layover facility will be needed. Two

maintenance facility site location alternatives have been evaluated: one in which all maintenance and layover

activities occur in Duluth, and one in which a maintenance facility would be in Sandstone and an overnight

layover facility would be in Duluth (see Table 2). Both sites meet the project need and have been evaluated for

environmental effects, however, MnDOT and FRA are not selecting a maintenance facility. The agencies will

continue to evaluate train schedule and operational and cost refinements, with input from BNSF, and will

select one of the sites during final design. MnDOT and FRA will undertake further environmental evaluation if

new or expanded environmental impacts are identified through operational or cost refinements in final design.

Table 2: Proposed Maintenance and/or Layover Facilities Locations

City General Location

Sandstone Maintenance Facility Minnesota State Highway 23

Duluth Maintenance and/or Layover Facility Railroad Street

The NLX maintenance facility will be used for inspection, servicing, maintenance and repair activities required

to keep NLX trains in service and incorporate train layover and storage needs. The maintenance building will

accommodate one 650‐foot‐long train consist. Additional features of the maintenance facility will be a train

wash, office and shop space, yard and lead tracks, shop equipment, vehicular access, exterior lighting and

signage and security systems. The maintenance facility will not be used for major rebuilds, main engine

change‐outs, wreck repairs or component rebuilds, which would occur at an existing facility specializing in
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these types of heavy maintenance activities and under contract to the State of Minnesota. See Section 2.3.2.10

of the Tier 2 EA for additional information.

3.2.4 Bridges and Culverts

Bridge and culvert improvements are needed to accommodate the additional track and other infrastructure

necessary for freight and passenger trains to operate on the same corridor. Four new bridges will be

constructed to accommodate additional track at Mississippi Street and Rice Creek in Fridley and over a

drainage ditch and Isanti Brook in Isanti County. Modification of open deck bridges to closed deck bridges will

occur over the following waterways: Coon Creek, Grindstone River, West Balsam Creek, Black River, Nemadji

River, and Pokegama River. The operating and control systems will be rehabilitated on the Grassy Point swing

bridge between Superior, Wisconsin, and Duluth. Appendix E of the Tier 2 EA lists the various culvert

improvements that will be completed under the Selected Alternative.4 Culverts will be extended to

accommodate track infrastructure improvements including siding extensions and curve modifications.

3.2.5 Signal Systems

The NLX Project includes upgrades to train signal and communication systems. Upgrades will include the

installation of CTC with a PTC overlay.5 Additional control points will be located at powered turnouts and

crossovers to increase flexibility and capacity in operations.

3.2.6 Roadways/Grade Crossings

A total of 126 public rail grade crossings exist in the NLX Project. The NLX Project includes improvements to

public rail grade crossings, including installation of active warning devices, reconstruction of approach

roadways, installation of medians and rail infrastructure improvements, such as construction of an additional

track across the roadway. The NLX Project will not close any public rail grade crossings. Private rail crossings

are not under the jurisdiction of MnDOT; any changes to private rail crossings will be addressed by BNSF and

the adjacent property owners.

                                                            

4   Appendix E of the Tier 2 EA is available for review on the project website: www.mndot.gov/nlx.

5   CTC is a train control system whereby a train dispatcher provides operational authority to trains remotely via a wayside signal system

and radio communication. PTC is an automated communication‐based train control system designed to prevent train accidents

required to be installed on certain lines. PTC technology is capable of automatically controlling train speeds and movements should a

train operator fail to take appropriate action for rail system conditions.
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3.3 Benefits of the Selected Alternative

The Selected Alternative meets the purpose and need of the NLX Project by providing a new intercity

passenger rail service that will provide a reliable and cost‐effective transportation option for travelers between

the Twin Cities and Duluth. The proposed new service offers a new transportation connection for residents in

the largely rural and small city markets of East Central Minnesota that currently rely on limited intercity bus or

automobile travel for all trips. As Minnesota’s population grows older and more diverse, there will be demand

for additional travel options that can be met by passenger rail. In addition, passenger rail service provides an

additional mode that enables travelers to avoid growing traffic congestion that affects travel time reliability

when traveling to and within the Twin Cities. The NLX Project supports Minnesota’s statewide initiatives to

increase multimodal transportation access.

Because it utilizes the existing BNSF line between Target Field Station and Duluth, the Selected Alternative

minimizes required new track infrastructure, most of which would be constructed within the existing BNSF

right of way. Although four new railroad bridges are planned, most bridges would be rehabbed, and existing

culverts extended rather than new construction. This approach reduces overall capital costs, while maintaining

safe existing and future freight rail operations in the project corridor. The Selected Alternative will also include

improvements at public rail grade crossings that will benefit public safety for all transportation modes, as well

as freight and passenger rail services. Each public rail grade crossing that currently is stop sign controlled will

be equipped with automatic gate systems and flashing‐light signals. Furthermore, MnDOT will reconstruct 42

of the public crossings to improve site visibility and roadway approaches and install recommended grade

crossing warning devices, signage and striping.

The six stations, as well as the maintenance and layover facilities, have been planned and sited in consultation

with local communities to be consistent with community goals and land use plans, to enable the communities

to integrate and take advantage of the economic investment in the NLX Project facilities.
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4. Environmental Consequences and Mitigation

The Tier 2 EA evaluated potential impacts of the No Build Alternative and the Build Alternative (Selected

Alternative), described the affected environment, and identified avoidance, minimization and mitigation

measures of the proposed NLX Project. The NLX Tier 2 EA analysis did not include any on‐site physical review of

BNSF right of way. Limited field review was conducted from public rights of way. MnDOT and FRA determined

that the appropriate approach was to review that portion of the NLX Project within the BNSF right of way in

the following manner:

 Geographic information systems (GIS) data review

 Other relevant resource database review

 Limited observation of the BNSF right of way from adjacent public property

The NLX Project will continue to develop ways to avoid, minimize and mitigate impacts to the resource areas as

the Project advances through final design and construction. This will be accomplished through design

refinements to the NLX Project, infrastructure improvements and continuing coordination with local, state and

federal agencies. MnDOT will supplement the environmental documentation if determined necessary by the

lead federal agency, when the NLX Project is funded and moves into final design and construction. Unless

otherwise stated, locations and impacts described in this FONSI are in Minnesota.

MnDOT evaluated the following resource areas and found that these have no impacts; therefore, no mitigation

is identified:

 Land Use and Land Cover

 Vegetation and Wildlife

 USFWS National Wildlife Refuges, Wildlife Management Areas, Outstanding Biodiversity Significance

Sites, and Scientific and Natural Areas

 Surface Water

 Navigable Waters

 Wild and Scenic Rivers

 Groundwater

 Wells

 Springs and Sinkholes

 Visual

 Socioeconomics
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 Community Cohesion

 Possible Barriers to Elderly and Handicapped

MnDOT evaluated the following resource areas and identified the potential for environmental impacts, as well

as avoidance, minimization and mitigation measures that MnDOT commits to as part of the NLX Project:

 Transportation

 Freight and Passenger Rail Operations

 Transit

 Traffic Circulation in Station Communities

 Bicycle and Pedestrian Facilities

 Right of Way

 Vegetation and Wildlife

 Native Prairie

 Invasive Species

 Wildlife Habitat

 Animal Mortality and Movement

 Aquatic Habitats

 Threatened and Endangered Species

 Wetlands

 Wetlands

 MnDNR Public Waters

 Surface Water

 Land Cover

 Surface Waters

 Floodplains

 Shorelands

 Coastal Zone Management Areas

 Groundwater

 Wellhead Protection

 Shallow Groundwater
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 Air Quality

 Noise and Vibration

 Contaminated Properties and Regulated Waste

 Cultural Resources

 Farmland and Soils

 Farmland

 Soils

 Parks and Recreation Areas

 Parks and Recreation Areas

 Trails

 Socioeconomics

 Community Facilities

 Community Access

 Safety and Security/Public Health

 Infrastructure and Public Services

 Acquisitions and Relocations

 Environmental Justice

 Economics

 Indirect and Cumulative Effects

 Section 4(f)

 Section 6(f)

4.1 Transportation

4.1.1 Freight and Passenger Rail Operations

4.1.1.1 Summary of Impacts

The NLX Project will provide track and signal improvements that would allow efficient and reliable intercity and

commuter passenger rail service while maintaining, or in some cases improving, existing freight rail operational

efficiency, which will benefit both BNSF and local businesses that rely on freight service. Proposed NLX
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schedules have been developed to complement existing Amtrak and Northstar service. The NLX Project will

also improve safety at crossings. During construction, there may be temporary service outages in areas with

new or replaced infrastructure. The NLX Service will not impair freight, commuter rail, Amtrak or North Shore

Scenic Railroad (NSSR) operations.

4.1.1.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will continue to coordinate with BNSF and will enter into an agreement to provide a set of

infrastructure and signal improvements that will maintain freight service levels in conjunction with the

provision of passenger rail service. MnDOT will also coordinate with Metro Transit, Amtrak, and NSSR to

maintain existing passenger rail services. MnDOT will schedule construction activities to minimize impacts on

NSSR operations, including potential service outages. MnDOT will ensure that the appropriate agreements are

executed to allow operation of NLX on BNSF track and within BNSF right of way, as well as to utilize Target

Field Station. When the NLX Project is funded and moves into construction, MnDOT will coordinate with BNSF

to precisely schedule and coordinate construction activities to minimize impacts on both freight and passenger

rail operations, including potential service outages. When final mitigation commitments are developed, further

environmental documentation will provide the details of what the mitigation is, how it will be achieved and

how the mitigation will be determined to achieve its desired outcomes.

4.1.2 Transit

4.1.2.1 Summary of Impacts

The NLX Project will support multimodal connections to transit services and facilities. The NLX Project

operations and construction will not significantly impact existing light rail, bus transit, or Northstar Commuter

Rail service. The NLX Project will provide opportunities for local transit connections and increase transit

ridership. During construction, there will be temporary disruptions or detours where rail grade crossings will

be closed for reconstruction or installation of new crossing warning devices.

4.1.2.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and moves into construction, MnDOT will coordinate with transit providers

regarding temporary crossing closures during construction. MnDOT will also coordinate with Metro Transit to

minimize impacts on commuter rail service.  
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4.1.3 Traffic Circulation in Station Communities

4.1.3.1 Summary of Impacts

No significant impacts on traffic circulation and operations are anticipated at the stations and facilities. The

Tier 2 EA identifies that NLX traffic in Cambridge would extend the existing traffic queues on 1st Street East

that currently extend across the BNSF rail grade crossing. The added NLX station traffic will not substantially

impact traffic operations compared to existing conditions.

Under the Selected Alternative, no public and private rail grade crossings will be closed, and public rail grade

crossing safety will be improved with rail grade crossing warning devices, signage, striping, and crossing gates,

depending on the location and configuration of the public rail grade crossing. Temporary rail grade crossing

closures will occur during construction in communities throughout the NLX Project area.

4.1.3.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and moves into final design, MnDOT will conduct a detailed traffic analysis of

the 1st Avenue East and Buchanan Street intersection in Cambridge. In Hinckley, MnDOT will monitor near the

high school and coordinate with the school to minimize potential traffic impacts associated with train and

school schedules, if needed. During construction, MnDOT will coordinate with municipalities and other

agencies with jurisdiction to minimize disruption to local traffic, specifically in Coon Rapids during intersection

reconstruction at Foley Boulevard and the station access road.

4.1.4 Bicycle and Pedestrian Facilities

4.1.4.1 Summary of Impacts

The NLX Project provides opportunities for multimodal connections for bicycles and pedestrians at NLX

stations. The NLX Project will also provide for enhanced safety at crossings for bicyclists and pedestrians

because of new crossing warning devices at rail grade crossings. During construction, there will be temporary

disruptions or detours where grade separation construction or rail grade and trail crossings are closed for

reconstruction or installation of new crossing warning devices.

4.1.4.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and moves into construction, MnDOT will coordinate with municipalities and

other agencies with jurisdiction to communicate construction schedules and minimize impacts on bicycle and
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pedestrian access because of temporary closures. MnDOT will also install trail closure signs and coordinate

with agencies on public information to provide sufficient notice to trail users when construction is planned.

4.1.5 Agency Finding

FRA finds that the NLX Project will not have significant impacts on freight and passenger rail operations when

considering mitigation commitments of MnDOT to coordinate with freight and passenger rail providers and

stakeholders when the NLX Project is funded and moves into final design and construction. FRA finds that the

NLX Project will have benefits to transit services including strengthening network connectivity by serving

additional cities and increasing service to existing stops. NLX stations will also strengthen intercity network

connectivity by providing facilities for connections between the NLX Project and intercity bus service traveling

outside the NLX Project area. Within the NLX Project area, the NLX Project will provide some competition to

existing intercity bus service. Based on MnDOT 2016 ridership estimates, approximately 4 to 6 percent of

forecasted NLX ridership consists of trips diverting from the existing intercity bus service. Intercity bus

providers will likely be able to offset the actual amount of diversion by adjusting bus service schedules and

routes to complement the NLX Project. Impacts during construction will be addressed through communication

with transit providers to mitigate short‐term impacts. FRA finds that the NLX Project will not have significant

impacts on traffic circulation in station communities based on the continuing coordination that will occur

between MnDOT, municipalities and other agencies when the NLX Project is funded and moves into final

design and construction. FRA finds that the NLX Project will not have significant impacts on bicycle and

pedestrian facilities when considering mitigation commitments by MnDOT to coordinate with municipalities

and other agencies with jurisdiction for construction activity. When final mitigation commitments are

developed, further environmental documentation will provide the details of what the mitigation is, how it will

be achieved and how the mitigation will be determined to achieve its desired outcomes.

4.2 Right of Way

4.2.1 Summary of Impacts

Approximately 13 acres of right of way acquisition spread over 27 parcels on the 152‐mile‐long NLX Project

corridor between Minneapolis and Duluth will be required for the NLX Project. Of the 13 acres, approximately

two acres on two parcels will be easements for the Superior, Wisconsin station, and the other 25 parcels on

slightly over 10 acres are in Minnesota. Right of way acquired for stations or maintenance and layover facilities

(approximately 9 acres) will likely be a permanent acquisition. Right of way acquired for other rail corridor

improvements (approximately 4 acres) is anticipated to be a temporary easement for construction purposes.

As noted in Section 4.2 of this FONSI, the NLX Project construction limits include 19 acres outside existing BNSF
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right of way. However, only 13 acres of that 19 acres have been identified as potential temporary or

permanent right of way acquisitions. The additional 6 acres of right of way outside BNSF property are

associated with public agency ownership that will be incorporated by agreement, rather than acquisition. No

residential acquisitions are anticipated and one relocation of the City of Hinckley maintenance building is

required.

4.2.2 Avoidance, Minimization and Mitigation Commitments

Mitigation for acquisitions and relocations will be in accordance with the Uniform Act (49 CFR 24), Minnesota

Statutes Chapter 117 and Wisconsin Statutes (Wis. Stat.) Chapter 32, as applicable. MnDOT will negotiate with

BNSF and other property owners to secure long‐term easements for stations and maintenance and layover

facilities when the NLX Project is funded and moves into final design and construction.

4.2.3 Agency Finding

FRA finds that the NLX Project will result in approximately 13 acres of right of way acquisition, with no

residential acquisitions, and one building relocation. MnDOT will conduct all activities in compliance with the

Uniform Act (49 CFR 24), Minnesota Statutes Chapter 117 and Wisconsin Statutes (Wis. Stat.) Chapter 32, as

applicable. When final mitigation commitments are developed, further environmental documentation will

provide the details of what the mitigation is, how it will be achieved and how the mitigation will be determined

to achieve its desired outcomes.

4.3 Vegetation and Wildlife

4.3.1 Native Prairie

4.3.1.1 Summary of Impacts

There may be periodic impacts when maintenance or repairs to existing tracks or rail bed are needed for the

NLX Project (amount of impacts may vary depending on the types of maintenance or repair needed). During

construction, there will be impacts on nine Minnesota Biological Survey (MBS) railroad prairie remnant

locations (seven in Anoka County and two in Isanti County), which includes two Anoka County prairie remnants

accounting for approximately 0.47 acre of a 3.84‐acre site and approximately 1.02 acre of a 6.9‐acre site, due

to grading, track work and other rail infrastructure improvements.
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4.3.1.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and moves into final design and construction, the Minnesota Department of

Natural Resources (MnDNR) and MnDOT will coordinate to determine if a vegetation assessment and

vegetation management plan are needed to mitigate impacts on native prairies. MnDOT will also complete

field surveys to quantify the area of impact relative to the total area of the prairie remnant and plant native

prairie species in affected areas, where applicable. If design modifications are not feasible or prudent, areas of

prairie impact could be mitigated through planting native prairie species on drainage slopes and other suitable

areas within the NLX Project limits in accordance with state agency guidelines.

4.3.2 Invasive Species

4.3.2.1 Summary of Impacts

There is a potential for inadvertently introduced invasive species during construction, operation, maintenance,

and rehabilitation.

4.3.2.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will avoid and minimize the potential spread of invasive species through construction practices

focused on good housekeeping, such as decontamination of equipment on site, use of weed‐free mulch and

other best management practices (BMPs) explained in Best Practices for Meeting DNR General Public Waters

Work Permit GP2007‐0001 at

http://files.dnr.state.mn.us/waters/watermgmt_section/pwpermits/gp_2004_0001_introduction.pdf (MnDNR

and MnDOT, 2014). MnDOT will develop BMPs and provide to contractors through education, monitoring and

construction specifications as spelled out in Minnesota Pollution Control Agency (MPCA) and Wisconsin

Department of Natural Resources (WDNR) National Pollutant Discharge Elimination System (NPDES) permit

requirements, and MnDNR Public Waters Work Permit requirements.

4.3.3 Wildlife Habitat

4.3.3.1 Summary of Impacts

Operation activities may affect wildlife habitat during maintenance or repairs if repairs are required outside of

the existing rail corridor. Maintenance impacts will occur adjacent to existing facilities and, in most cases,

immediately parallel to the rail corridor. While loss of habitat in these locations will occur, it represents

relatively small areas. Because the NLX Project is proposed along an existing rail corridor, and stations and
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maintenance and layover facilities are proposed in developed areas, effects of habitat alteration will be

minimal and increases in fragmentation will not occur. During construction, there will be increased

construction traffic and machinery noise associated with construction equipment. There may also be dust or

sedimentation associated with earth moving activities at limited locations.

4.3.3.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will coordinate with the U.S. Fish and Wildlife Service (USFWS) regarding the Migratory Bird Treaty

Act, as well as the MnDNR and WDNR when the NLX Project is funded and moves into final design and

construction. During construction, MnDOT will implement BMPs, such as timing construction activities to

minimize light and noise impacts, implementing stormwater and erosion control measures and restoring

temporarily disturbed areas, keeping bridges cleared of nests and protected from nest‐building during

construction, and preventing bat roosts by sealing and filling holes and crevices. Any temporary fill placed in

wetlands or other surface waters will be subject to the requirements of the U.S. Army Corps of Engineers

(USACE) Section 404 permit and Minnesota Wetland Conservation Act approvals, as well as MnDNR Public

Waters Work permits. It is assumed that a requirement for clean temporary fill will be incorporated into those

permits. After construction, MnDOT will commit to mitigation including re‐vegetation within construction

limits where appropriate and planting native pollinator‐friendly species in areas disturbed by construction, to

the extent practical.

4.3.4 Animal Mortality and Movement

4.3.4.1 Summary of Impacts

There is the potential for increased likelihood of mortality due to affected animals not being able to avoid

faster and more frequent trains.

4.3.4.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will continue to consult with the MnDNR and WDNR to consider mitigation measures on wildlife

crossings where appropriate. MnDOT will consider measures including incorporation of features such as

fencing, ballast level alteration, bio‐netting, and wildlife crossings, including escape routes from tracks for

turtles and other wildlife. To minimize barriers to wildlife movement, installation of fencing will only occur in

areas necessary for pedestrian safety and will not extend into waterways.
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4.3.5 Aquatic Habitats

4.3.5.1 Summary of Impacts

MnDOT will add piers where a new bridge is constructed over Rice Creek in Anoka County. MnDOT will extend

existing culverts over other streams in construction areas (seven in Anoka County, four in Isanti County, and

one in Pine County). There will be potential impacts during maintenance‐ or repair‐related activities during the

BNSF routine maintenance activities that will happen with or without the NLX Project. There will also be the

potential for erosion/sedimentation and other construction impacts on aquatic habitat, including 11 trout

streams directly crossed within NLX Project construction limits (six in Minnesota and five in Wisconsin).

4.3.5.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will schedule bridge construction to avoid spawning periods and will coordinate with state and local

agencies to ensure all regulatory requirements are followed and appropriate measures implemented to

mitigate trout stream impacts. MnDOT will obtain construction permits such as NPDES and Public Waters Work

permits when the NLX Project is funded and moves into final design, prior to initiating construction work.

MnDOT will implement BMPs during construction to minimize potential impacts, such as the placement of silt

fencing along the upland side of wetland boundaries to eliminate the potential of sediment entering the

wetlands, implementing stormwater and erosion control measures and restoring temporarily disturbed

wetland areas. Erosion prevention BMPs include surface roughening to prepare exposed areas for site

restoration, installing erosion control blanket, seeding, disk mulching, hydromulching or installing riprap or

other scour protection device at concentrated flow outlets. Sediment control BMPs could include the

installation of sediment control logs, silt fence, silt curtain, inlet protection, vehicle trackout controls and

similar practices. MnDOT will continue to coordinate with MnDNR when the NLX Project is funded and moves

into final design and construction.

4.3.6 Agency Finding

FRA finds that the NLX Project will not have significant impacts on vegetation and wildlife when considering

mitigation commitments of MnDOT to consult with MnDNR and WDNR, implement BMPs and take actions to

mitigate construction related impacts when funding is secured and the Project moves into construction. When

final mitigation commitments are developed, further environmental documentation will provide the details of

what the mitigation is, how it will be achieved and how the mitigation will be determined to achieve its desired

outcomes.
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4.4 Threatened and Endangered Species

4.4.1 Summary of Impacts

Table 3 shows the federal and state‐listed species identified to occur within the construction limits, and the

findings from USFWS, MnDNR, and WDNR.

Table 3: Threatened and Endangered Species Findings

Federally listed species Impacts/Finding  

Canada lynx (Lynx canadensis) and gray wolf (Canis lupus) May affect, but not likely to adversely affect

No adverse modification of designated critical habitat

determinations for Canada lynx and Gray wolf

 Kirtland’s warbler (Setophaga kirtlandii)

 Piping plover (Charadrius melodus) and Critical

Habitat

 Rufa red knot (Calidris canutus rufa)

 Higgins eye pearlymussel (Lampsilis higginsii)

 Snuffbox (Epioblasma triquetra)

 Spectaclecase (Cumberlandia monodonta)

 Fassett’s locoweed (Oxytropis campestris

chartacea)

No effect determinations

Rusty patched bumble bee (Bombus affinis) Not in High Potential Zone. No effect. Consultation

Complete

Northern long‐eared bat (Myotis septentrionalis) May affect, but will not cause prohibited incidental take

State Listed Species Impact/Finding

 Mucket (Actinonaias ligamentina) mussel species

(MN)

 Elktoe (Alasmidonta marginata) mussel species

(MN)

 Blanding’s turtle (Emydoidea blandingii) (MN)

 Beach heather (Hudsonia tomentosa) (MN)

 Fluted‐shell (Lasmigona costata) (MN)

 Bog bluegrass (Poa paludigena) (MN)

 Tall nutrush (Scleria triglomerata) (MN)

Potential operations and/or construction impacts
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Federally listed species Impacts/Finding  

 Purple wartyback (Cyclonaias tuberculate) (MN)

 Spike (Elliptio dilatate) (MN)

 Seaside three‐awn (Aristida tuberculosa) (MN)

 Common tern (Sterna hirundo) (MN)

 Wood turtle (Glyptemys insculpta) (WI)

 Slender spike‐rush (Elecocharis nitida) (WI)

 Seaside crowfoot (Ranunculus cymbalaria) (WI)

 Arrow‐leaved sweet‐coltsfoot (Petasites

sagittatus) (WI)

 Small yellow water crowfoot (Ranunculus

gmelinii) (WI)

 Floating marsh marigold (Caltha natans) (WI)

 Clustered bur‐reed (Sparganium glomeratum)

(WI)

 Tea‐leaved willow (Salix planifolia ssp. Planifolia)

(WI)

 Blunt‐lobed grapefern (Botrychium oneidense)

(MN)

 Ghost tiger beetle (Cicindela lepida) (MN)

 Ram’s head orchid (Cypripedium arietinum) (MN)

 Black huckleberry (Gaylussacia baccata) (MN)

 Wood Turtle (Glyptemys insculpta) (MN)

 Loggerhead shrike (Lanius ludovicianus) (MN)

 Snailseed pondweed (Potamogeton bicupulatus)

(MN)

 Toothcup (Rotala ramosior) (MN)

 Fawnsfoot (Truncilla donaciformis) (MN)

 Lance‐leaf violet (Viola lanceolata var. lanceolata)

(MN)

 Peregrine falcon (Falco peregrinus) (WI)

No impacts anticipated

4.4.2 Avoidance, Minimization and Mitigation Commitments

Based on consultation with USFWS, construction of the NLX Project will not impact habitat and encountering

the federally listed species is not likely. However, MnDOT will complete biological surveys for species within

the construction limits before the NLX Project will be built, where necessary, as determined in consultation
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with USFWS, MnDNR, and WDNR, including for the northern long‐eared bat habitat, including hibernacula and

roost trees, and mussels at locations determined by MnDNR. Depending on the survey outcomes, additional

measures may be determined necessary during future agency consultation to avoid, minimize or mitigate

impacts to northern long‐eared bats and mussels. When the NLX Project is funded and moves into final design,

MnDOT will consider a ‘Passage Bench’ to minimize impact on the Canada lynx and gray wolf, as well as other

wildlife. In addition, MnDOT will complete surveys for northern long‐eared bat habitat, including hibernacula

and roost trees. Should either be identified, MnDOT will implement seasonal and location‐specific restrictions

on tree removal, including removing trees during the winter when the northern long‐eared bat is not present.

Design modifications that allow for turtles to escape from between the rails could be implemented to further

reduce impacts on turtles. Further, MnDOT will work with MnDNR to develop a plan of action to protect

habitat and individuals (if present) of seaside three‐awn, which is known to occur within the construction

limits.

If sensitive plant or animal species are found in locations that will be affected by construction activities,

MnDNR, WDNR and/or USFWS will be notified of species occurrence and consulted regarding methods to first

avoid and then to minimize adverse impacts. Where impacts would be unavoidable, agencies will be consulted

for viable procedures to transplant plant or animal species or other mitigation measures. Upon completion of

construction, MnDOT will revegetate disturbed areas with native seed mixes and implement BMPs such as use

of wildlife friendly erosion mesh to prevent risk of injury or death to amphibious, terrestrial and avian species

in these areas.

4.4.3 Agency Finding

FRA finds that the NLX Project “may affect, but is not likely to adversely affect” the Canada lynx and gray wolf

and “may affect, but will not cause prohibited incidental take” of the northern long‐eared bat and the

mitigation committed to is sufficient to prevent effects to these species. FRA initiated informal consultation

with USFWS on the federally listed species in January 2017. On April 12, 2017, FRA received confirmation that

the NLX Project is not within the High Potential Zone for the rusty patched bumble bee and consultation for

this species is complete. On June 8, 2017, USFWS concurred with findings for the Canada lynx, gray wolf and

northern long‐eared bat, as listed in Table 3 (See Appendix D of this FONSI).  
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4.5 Wetlands

4.5.1 Wetlands

4.5.1.1 Summary of Impacts

There are approximately 92 acres of potential wetland impact within the proposed construction limits of the

NLX Project (56 acres are in Minnesota and 36 acres in Wisconsin). The 92 acres consist of 321 separate

wetlands, with an average impact of 0.3 acre. Approximately 75 percent of the wetland impacts will be due to

track infrastructure improvements, especially where the addition of new track is required in rural Pine County,

Minnesota, and in Douglas County, Wisconsin. Approximately 20 percent of wetland impacts will be caused by

roadway and grade crossing improvements, and the remaining 5 percent due to bridge and culvert

improvements, signal system improvements and station and maintenance and layover facilities. Avoidance of

all wetlands is not possible because the existing railway alignment that will be used was constructed over a

century ago when wetlands were not regulated. The wetlands are listed in Appendix J, Table 6 of the Tier 2 EA.

4.5.1.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and moves into final design, MnDOT will complete wetlands delineations,

including functional assessments as appropriate, of all wetlands located within construction limits in

accordance with the methodology set forth by USACE, to reduce impacts and to inform NLX Project

construction. State and federal wetland regulations require that MnDOT attempt to avoid wetland impacts and

if avoidance cannot be accomplished, then impacts must be minimized to a practicable extent. As design is

refined, MnDOT will avoid and minimize impacts to the extent practicable and will develop more detailed

explanations of wetland impacts and additional mapping.

MnDOT will mitigate all unavoidable impacts in accordance with applicable regulations, with replacement

ratios ranging from 1:1 to 2:1 and including use of a combination of on‐site and off‐site permittee‐responsible

mitigation and purchase of wetland bank credits. Where track improvements are proposed in wetland areas,

MnDOT will examine design modifications to minimize impacts. MnDOT will implement construction BMPs to

minimize impacts, including placement of silt fencing to manage sediment, implementing stormwater and

erosion control measures and restoring temporarily disturbed wetland areas. MnDOT will obtain all federal,

state and local wetland and water permits for construction activities when the NLX Project is funded and prior

to construction. Potential permits include Section 404 permits for impacts on waters of the United States,

Section 401 water quality certification, Minnesota WCA permits, MnDNR public waters permits and WDNR

wetland permits.
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MnDOT will continue coordination with MnDNR, WDNR, the Minnesota Board of Water and Soil Resources

(BWSR), and USACE when the NLX Project is funded and moves into final design and construction. This

coordination will include confirmation that the mitigation complies with the 2008 Federal Mitigation Rule (or

the most recent version of that rule), and USACE’s St. Paul District Policy for Wetland Compensatory Mitigation

in Minnesota; identification of mitigation ratios; mitigation for indirect impacts, if needed; and type of

mitigation used – bank credits or new construction. Information regarding the availability of wetland bank

credits will not be relevant, as the credits available today will change by the time the project has been

advanced to a point where a Section 404 permit application will be submitted.

As part of the Section 404 permitting process, MnDOT will develop Section 404(b)(1) documentation to

supplement the analysis of alternatives presented in the Tier 1 EA and Tier 2 EA and provide additional

information on avoidance, minimization and mitigation identified during final design and when the NLX Project

is funded. MnDOT will continue to coordinate with BWSR, MnDNR, WDNR and USACE to determine the most

effective mitigation options during final design. MnDOT will consider minimization measures suggested by

jurisdictional agencies during final design and those implemented will be documented in future environmental

documentation, design plans and permit applications, as needed.

Any temporary fill placed in wetlands or other surface waters will be subject to the requirements of USACE

Section 404 permit and Minnesota Wetland Conservation Act approvals, as well as MnDNR Public Waters Work

permits. It is assumed that a requirement for clean temporary fill will be incorporated into those permits.

4.5.2 MnDNR Public Waters

4.5.2.1 Summary of Impacts

There are impacts on two public waters in Anoka County and three public water wetlands in Anoka and Isanti

counties, with a combined total of approximately 2.3 acres impacted. Construction‐related impacts will be

determined when the NLX Project is funded and moves into final design.

4.5.2.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will adhere to applicable regulatory rules. Potential permits include MnDNR public waters permits.

MnDOT will continue to coordinate with MnDNR, BWSR, and USACE when the NLX Project is funded and

moves into final design and construction. MnDOT will also evaluate and update stream crossings in

coordination with MnDNR when the NLX Project moves into final design and the means and methods for

bridge and culvert improvements are defined.
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MnDOT will use construction mitigation measures for surface waters including land cover, such as minimum

design standards for work in public waters to accommodate fish spawning and migration, and the

development of a construction stormwater pollution prevention plan (SWPPP) for Minnesota and Stormwater

Management Plan (SWMP) for Wisconsin. The SWPPP and SWMP will describe structural and non‐structural

practices to reduce pollutants in stormwater discharges from construction sites. During construction, soil

stabilization techniques will be used to avoid and minimize impacts on surface waters. At a minimum, MnDOT

will temporarily or permanently stabilize all soils within 14 days of construction temporarily or permanently

ceasing in that area. In areas that are more sensitive or with more stringent regulatory requirements, such as

within 1 mile of impaired streams, MnDOT will stabilize soils within 7 days of construction temporarily or

permanently ceasing. For areas that are located within 200 feet of MnDNR public waters or designated trout

streams, MnDOT will complete stabilization within 24 hours of construction temporarily or permanently

ceasing. Such measures will be employed until all disturbed areas have achieved final stabilization. MnDOT will

conduct final stabilization using approved seed mixes in accordance with MnDOT and MnDNR guidelines, and

permit conditions.

MnDOT will use operations mitigation measures including permanent treatment of stormwater runoff from

new impervious area as required by the NPDES construction stormwater permits from MPCA and the

maintenance of permanent BMPs.

4.5.3 Agency Finding

FRA finds that the NLX Project will impact approximately 92 acres of wetlands and this will be confirmed

through future wetlands delineation and coordination with MnDNR, WDNR, BWSR, and USACE. When the NLX

Project is funded and moves into final design, MnDOT will complete mitigation under the jurisdiction of these

agencies and in compliance with Section 404 of the Clean Water Act (CWA), United States Department of

Transportation Order 5660.1A, Executive Order 11990–Protection of Wetlands, Minnesota Wetland

Conservation Act, Minnesota Public Waters Work Permit Program, and Wisconsin Wetland Regulatory Program

Rules, Wisconsin Administrative Code Chapters NR 103, NR 299, NR 300 and NR 350–353. When final

mitigation commitments are developed, further environmental documentation will provide the details of what

the mitigation is, how it will be achieved and how the mitigation will be determined to achieve its desired

outcomes.
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4.6 Surface Water

4.6.1 Land Cover (Erosion and Sedimentation)

4.6.1.1 Summary of Impacts

The NLX Project will increase impervious surface up to approximately 47 acres, due to construction of stations

and a layover and a maintenance facility. Additional impervious surface will also be created as result of track

and bridge work. Existing drainage patterns will be altered where new track and stations will be constructed;

however, the direction of runoff will not substantially change. During construction, impacts on land cover will

occur from activities that disturb existing vegetation and expose sediment to erosion.

4.6.1.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will minimize impacts caused by disturbance of vegetation and exposure of sediment to erosion

through the implementation of BMPs and development of a SWMP and SWPPP. The SWPPP or SWMP will

include development of an erosion control plan to prevent erosion and minimize sediment and pollutant

transport. MnDOT will construct vegetated swales (drainage ditches) or similar BMPs in rural areas. Urban

areas typically rely on curb and gutter to manage stormwater runoff. The construction SWPPP and SWMP will

include provisions for minimizing disturbance on steep slopes, controlling dust, efficiently stabilizing exposed

soils, protecting stockpiles, good housekeeping practices, and inspection and maintenance of BMPs.

4.6.2 Surface Waters

4.6.2.1 Summary of Impacts

The NLX Project will have water quality impacts on surface waters attributed to erosion, sedimentation and

increase in impervious surfaces resulting from construction. There may be potentially higher runoff rates and

volumes, and a reduction in the pre‐treatment of stormwater runoff entering surface waters due to increased

impervious surface. There also will be an increased pollutant loading potential. New piers where a new bridge

will be constructed over Rice Creek in Anoka County and the extension of existing culverts over other streams

in construction areas (seven in Anoka County, four in Isanti County, and one in Pine County) will impact surface

waters. There is the potential for pollutants generated by operation and maintenance activities at passenger

stations, maintenance and layover facilities, and loading and unloading activities to affect surface water

resources when exposed to precipitation during NLX Project operations. During construction, there will be the

potential for sediment and construction‐related pollutants to be carried into surface water resources via
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stormwater runoff. Temporary changes to land cover could result in higher runoff rates and volumes and a

reduction in the pre‐treatment of stormwater runoff prior to entering surface waters.

4.6.2.2 Avoidance, Minimization and Mitigation Commitments

Because the NLX Project will disturb more than one acre of land, MnDOT will obtain an NPDES construction

stormwater permit from the Minnesota Pollution Control Agency (MPCA) and WDNR and follow local

government permit application processes that include plan review, compliance with design standards and

permanent maintenance agreements. NPDES permits require the permanent treatment of stormwater runoff

from new impervious areas. Additionally, a multi‐sector or industrial SWPPP for Minnesota and Wisconsin will

be developed and implemented. MnDOT will also incorporate green infrastructure that could include

bioswales, rain gardens and permeable pavements for parking lots and access roads, to the extent practical.

MnDOT will implement sediment control BMPs such as the installation of sediment control logs, silt fence, silt

curtain, inlet protection, vehicle trackout controls and similar practices. The construction SWPPP and SWMP

will include provisions for minimizing disturbance on steep slopes, controlling dust, efficiently stabilizing

exposed soils, protecting stockpiles, good housekeeping practices, and inspection and maintenance of BMPs.

The mitigation commitments identified for MnDNR Public Waters subsection of Section 4.6, Wetlands, also

apply to surface waters.

4.6.3 Floodplains

4.6.3.1 Summary of Impacts

There are 26,130 linear feet of floodplain identified within the construction limits that may be temporarily or

permanently filled, primarily due to grading to facilitate track or bridge work, or placement of construction

materials. Further evaluation will be completed when the NLX Project is funded and moves into final design.

There are also 32 Zone A floodplain crossings in areas of new construction (see Table 4‐30 in the Tier 2 EA).

None of the floodplain crossings will cause a substantial potential for interruption or termination of a

transportation facility needed for emergency vehicles or serving as the community’s only evacuation route.

4.6.3.2 Avoidance, Minimization and Mitigation Commitments

MnDOT commits to continued coordination with local floodplain administrators to determine mitigation

measures required when the NLX Project is funded and moves into final design and construction. During final

design, MnDOT will minimize floodplain impacts to the extent practicable and will reassess the need for any

floodplain mitigation and obtain permits, depending on the level or type of impact, if impact cannot be
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avoided, in compliance with Executive Order 11988. In addition, stormwater management plans will be

developed for the new stations and maintenance and/or layover facilities.

4.6.4 Shorelands

4.6.4.1 Summary of Impacts

The NLX Project may have potential permanent impacts on several shoreland areas resulting from track and

bridge improvements required for the NLX Project. During construction, there is the potential to deposit

sediment onto downstream shorelands.

4.6.4.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will consult with MnDNR and the local unit of government regulating shoreland management to

coordinate permitting when the NLX Project is funded and moves into final design.

4.6.5 Coastal Zone Management Areas – Lake Superior

4.6.5.1 Summary of Impacts

The U.S. Environmental Protection Agency (EPA)‐designated St. Louis River Area of Concern will be impacted

due to changes to land cover; only track improvements are planned within the existing right of way.

4.6.5.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and moves into final design and construction, MnDOT will continue

coordination with the EPA remediation team for the EPA‐designated St. Louis River Area of Concern. These

efforts will help prevent the NLX Project from hindering EPA remediation and restoration efforts related to the

St. Louis River Area of Concern.

4.6.6 Agency Finding

FRA finds that the NLX Project will have limited impacts on surface water resources and will not result in

significant impacts to surface water resources. Final design will comply with Executive Order 11988 and local

permitting requirements related to floodplain management and flood protection. Therefore, the NLX Project

will not result in substantial changes or have adverse effects to floodplain values, flood flows or flood

elevations, and will not result in a significant floodplain encroachment as defined in federal regulations.
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Floodplain crossings will be consistent with local floodplain management goals and objectives, which include

maintaining the natural and beneficial floodplain values and avoiding support of incompatible floodplain

development. Additionally, floodplain crossings will be designed to avoid and minimize impacts to existing

flood profiles on adjacent landowners’ properties.

4.7 Groundwater

4.7.1 Wellhead Protection

4.7.1.1 Summary of Impacts

Public water system Wellhead Protection Areas (WHPAs), source water assessment areas, and drinking water

supply management areas have been identified within the construction limits. Impacts on groundwater quality

in public water systems could occur because of stormwater runoff from stations and maintenance and layover

facilities and during construction.

4.7.1.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will notify owners of public water systems in the construction area of proposed construction and

comply with wellhead protection plans. MnDOT will review wellhead protection plans in compliance with

source water protection requirements. Within WHPAs, MnDOT will examine measures to route stormwater

runoff outside the protected area or other protections when the NLX Project is funded and moves into final

design and construction. If infiltration rate attenuation is required in a protected area, the treatment facility

(for example, stormwater pond) could require lining to ensure that infiltration does not occur. Storage and

handling of hazardous materials could have specific requirements in WHPAs.

4.7.2 Shallow Groundwater

4.7.2.1 Summary of Impacts

There is the potential for encountering existing contamination and generating hazardous materials (for

example, spills or leaks) that could impact groundwater quality.
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4.7.2.2 Avoidance, Minimization and Mitigation Commitments

If groundwater dewatering is necessary, MnDOT will obtain the proper permits from MnDNR (per Minnesota

Administrative Rules Chapter 6115) and WDNR (per Wisconsin Administrative Code Chapter NR 820) for the

appropriation and disposal of groundwater prior to any work. When the NLX Project is funded and moves into

construction, MnDOT will develop and implement a plan for assessing and managing existing contamination in

construction areas and develop and implement a contamination plan and spill prevention, control and

countermeasures plan to address any leaks or spills that could potentially occur during construction or

operation.

4.7.3 Agency Finding

Due to the limited impact the NLX Project will have on groundwater resources, FRA finds that the NLX Project

will not result in significant impacts on groundwater resources. Although there are no wells identified within

the Project construction limits, if any unused or unsealed wells are encountered they will be addressed in

accordance with Minnesota Administrative Rules Chapter 4725 and Wisconsin Administrative Code

Chapter NR 812.26.

4.8 Air Quality

4.8.1.1 Summary of Impacts

The NLX Project would have generally small effects on air pollutant emissions and air quality. For most

pollutants, there would be a slight decrease in emissions with NLX Project implementation. However, for the

2040 design year, NLX Project implementation is predicted to result in a slight increase in emissions of NOx and

VOC compared to the No Build Alternative. The slight changes in emissions, both increases and decreases, are

very small portions of current emission inventories, and are not expected result in any measurable degradation

or improvement in air quality in the NLX study area. Because emissions are not expected to exceed GC de

minimis emission thresholds for any affected pollutant, no coordination with air quality regulatory agencies is

required.

Construction activity for stations, maintenance and layover facilities and for rail improvements would generate

emissions from equipment exhaust and from fugitive dust due to earthmoving and other construction

activities. The construction duration along rail improvements is generally expected to be 2 to 3 weeks at any

one location. For stations and maintenance and layover facilities, construction is likely to be completed in one

construction season. The emission amounts from construction activity would be expected to be minimal in any

one area, and would not be expected to substantially affect ambient air quality, assuming application of BMPs.
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Because construction emissions are intermittent by nature and tend to be distributed across the concentration

site, any impacts are not nearly as persistent or concentrated at any one location as with a stationary

emissions source. Given EPA’s increasingly stringent exhaust emissions and fuel quality standards, the

emissions from construction equipment should not present either a hazard or a nuisance, as long as engines

are properly maintained (that is, no excessive oil burning).

4.8.1.2 Avoidance, Minimization and Mitigation Commitments

As required under federal rules, all locomotive diesel fuel and construction equipment diesel fuel would be

ultra‐low sulfur diesel, with a sulfur content not to exceed 15 parts per million by weight. Locomotive

emissions would be mitigated by limiting idle time to the extent practicable.  

The construction emissions would be minimized to the extent practicable by minimizing construction

equipment engine idling time. In addition, the construction contractor would be required to prohibit use of, or

immediately repair, engines with continuous visible exhaust plumes indicative of excessive oil use or other

maintenance issues. Fugitive dust generation during construction would be minimized as appropriate by dust

control measures, such as watering of dry, exposed soils during earthmoving activities

4.8.2 Agency Finding

FRA finds that the NLX Project will not result in significant impacts on air quality.

4.9 Noise and Vibration

4.9.1.1 Summary of Impacts

Table 4 summarizes the noise impacts by community, without mitigation and for the differing impacts caused

by the two maintenance facility locations in Duluth and in Sandstone. The last two columns indicate the

mitigation that will be accomplished by quiet zones (discussed below under Mitigation Commitments). The

projected noise impacts from the NLX Project are primarily due to the sounding of horns near rail grade

crossings.

The proposed Sandstone Maintenance Facility will create one additional round trip train operation per night

between Sandstone and Duluth. This increase in nighttime operations changes the noise impact for the

Sandstone alternative and results in fewer moderate residential impacts but an increased number of severe

residential impacts. Impacts from location of the maintenance facility in Sandstone include 84 severe and 228

moderate residential impacts and 13 severe and 16 moderate institutional impacts. Impacts from location of
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the maintenance and/or layover facility in Duluth include 33 severe and 234 moderate residential impacts and

13 severe and 16 moderate institutional impacts.

The NLX Project will result in one residential vibration impact at a single‐family residence in Nickerson,

Minnesota, which is caused by the proximity of the residence, located about 35 feet from the existing BNSF

track. The vibration levels from higher speed intercity passenger trains are generally lower in level than freight

trains, due to the lower weight of higher speed intercity passenger trains compared to heavier freight trains.

The improved track standards for a higher speed intercity passenger rail will provide smoother rails to further

minimize vibration impacts.

Noise and vibration impacts from construction activities include construction of new tracks and stations, utility

relocation, grading, excavation, track work, demolition, and installation of systems components.

The most feasible way to mitigate the noise impacts is to establish quiet zones for all rail grade crossings near

noise‐sensitive receivers. Only municipalities may establish a quiet zone, in cooperation with the railroad that

owns the track and the state transportation authority, by installing and operating necessary safety measures

and certifying to FRA that the required level of risk reduction has been achieved. Establishing quiet zones at

rail grade crossings of the BNSF corridor would have the additional benefit of reducing the existing noise from

freight train locomotive horns. This would be expected to decrease the Ldn at sensitive locations along the NLX

Project by up to 5 dBA to 15 dBA compared to existing levels.6

4.9.1.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will continue public outreach to communities along the NLX Project alignment to provide information

on establishing quiet zones.

As shown in Table 4, establishing quiet zones will eliminate all but four moderate noise impacts at one

multifamily residential building near Target Field Station in Minneapolis and one severe noise impact at

Freedom Park in Braham (residual noise impacts). A noise barrier or providing sound insulation could mitigate

the residual noise impact in Minneapolis. The residual severe noise impact at Freedom Park in Braham could

be mitigated with a noise barrier, but may not be feasible due to proximity to the track. When the NLX Project

is funded and moves into final design and construction, and before any final decision is made regarding noise

mitigation at a residential building in Minneapolis and Freedom Park in Braham, MnDOT will conduct a site‐

                                                            

6   Ldn refers to the day‐night average sound level that describes a receiver’s cumulative noise exposure from all events over a 24‐hour

period, with events occurring between 10:00 PM and 7:00 AM increased by 10 decibels to account for greater nighttime sensitivity to

noise. dBA refers to the A‐weighted sound level, which describes the receiver’s noise at any moment in time, in decibels.
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specific 24‐hour existing noise measurement to determine more precise noise conditions and if residual noise

can be mitigated.

If municipalities in the NLX Project area are unable to establish quiet zones, the incremental noise impact of

horn blowing from the NLX Project will be unmitigated. Since a noise barrier cannot extend across a roadway,

the implementation of noise barriers will not be an effective mitigation option for the NLX Project where noise

impacts are caused by locomotive horn noise.

If quiet zones are not implemented, the NLX Project will have moderate and severe noise impacts, as identified

in the applicable columns in Table 4 that summarize impacts without mitigation. The existing noise levels along

the corridor are created by as many as 90 freight trains per day near Minneapolis, and anywhere from 10 to 20

freight trains per day north of Coon Rapids. Freight trains are usually 10,000 feet long and take several minutes

to pass a receptor resulting in the impacts identified in Table 4.

When the NLX Project is funded and moves into final design, MnDOT will conduct site‐specific ground‐borne

vibration propagation testing at the one impacted residence to determine more precise existing conditions and

impacts. MnDOT will recommend specific vibration mitigation measures when more specific characteristics of

the train consist are known.

MnDOT will avoid, minimize, or mitigate construction noise and vibration impacts through: avoidance of

nighttime construction in residential neighborhoods; locating stationary construction equipment as far as

possible from noise‐sensitive sites; constructing noise barriers, such as temporary walls or piles of excavated

material, between noisy activities and noise‐sensitive receivers; routing construction‐related truck traffic to

roadways that will cause the least disturbance to residents; and using alternative construction methods to

minimize the use of impact and vibratory equipment (for example, pile‐drivers and compactors).
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Table 4: Summary of Noise Mitigation Effectiveness

Receptor

Location1

Number of Moderate and Severe Noise Impacts

Sandstone Maintenance

Facility

Duluth Maintenance and/or

Layover Facility With Municipality‐

Without Mitigation Without Mitigation Developed Quiet Zones

Moderate Severe Moderate Severe Moderate Severe

Minneapolis 4 Residential 0 4 Residential 0 4 Residential 0

Fridley 0 0 0 0 0 0

Coon Rapids 0 0 0 0 0 0

Andover 7 Residential

1 School

0 7 Residential

1 School

0 0 0

Bethel 7 Residential

1 Church

0 7 Residential

1 Church

0 0 0

Isanti 22 Residential

1 Church

0 22 Residential

1 Church

0 0 0

Cambridge 4 Residential

2 Churches

1 Cemetery

1 Daycare

9 Residential

1 Cemetery

4 Residential

2 Churches

1 Cemetery

1 Daycare

9 Residential

1 Cemetery

0 0

Stanchfield 11 Residential 2 Churches

1 Cemetery

11 Residential 2 Churches

1 Cemetery

0 0

Braham 12 Residential

1 Park

1 Park 12 Residential

1 Park

1 Park 0 1 Park

Grasston 2 Residential 0 2 Residential 0 0 0

Henriette 11 Residential 0 11 Residential 0 0 0

Brook Park 4 Residential 0 4 Residential 0 0 0

Hinckley 27 Residential 1 Residential

1 School

3 Churches

1 Park

27 Residential 1 Residential

1 School

3 Churches

1 Park

0 0

Sandstone 1 Residential

1 School

1 Church

2 Parks 1 Residential

1 School

1 Church

2 Parks 0 0

Askov 27 Residential

1 School

2 Churches

1 Park

1 Residential 13 Residential

1 School

2 Churches

1 Park

0 0 0

Bruno 4 Residential

1 School

1 Church

1 School

1 Church

0 0 0

Kerrick 7 Residential    1 Residential 0 0 0

Duquette 1 Park    1 Park 0 0 0
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Receptor

Location1

Number of Moderate and Severe Noise Impacts

Sandstone Maintenance

Facility

Duluth Maintenance and/or

Layover Facility With Municipality‐

Without Mitigation Without Mitigation Developed Quiet Zones

Moderate Severe Moderate Severe Moderate Severe

Nickerson 5 Residential    2 Residential 0 0 0

Holyoke 8 Residential 8 Residential 11 Residential 5 Residential 0 0

Superior,

Wisconsin

65 Residential 65 Residential

1 School

95 Residential 18 Residential

1 School

0 0

Duluth 0 0 0 0 Residential 0 0

Total 228 Residential

4 Schools

8 Churches

3 Parks

1 Daycare

1 Cemetery

84 Residential

2 Schools

5 Churches

4 Parks

2 Cemeteries

234 Residential

4 Schools

8 Churches

3 Parks

1 Daycare

33 Residential

2 Schools

5 Churches

4 Parks

2 Cemeteries

4 Residential 1 Park

1 Unless otherwise noted, all locations are in Minnesota.

4.9.2 Agency Finding

FRA finds that with the implementation of quiet zones, the NLX Project will have four moderate residential

impacts at one building in Minneapolis and one severe impact to Freedom Park in Braham, Minnesota. MnDOT

will complete additional noise analysis at the locations with residual noise impacts in Minneapolis and Braham

when the NLX Project is funded and moves into final design, in compliance with state and federal laws. The

residual severe noise impact at Freedom Park in Braham could be mitigated with a noise barrier, but may not

be feasible due to proximity to the track. The NLX Project is also projected to cause one residential vibration

impact in Nickerson, Minnesota. MnDOT will conduct site‐specific ground‐borne vibration propagation testing

at the impacted residence when the NLX Project is funded and moves into final design to determine whether

more specific vibration measures are appropriate. When final mitigation commitments are developed, further

environmental documentation will provide the details of what the mitigation is, how it will be achieved and

how the mitigation will be determined to achieve its desired outcomes.

4.10 Contaminated Properties and Regulated Waste

4.10.1 Summary of Impacts

In February 2017, MnDOT prepared a Limited Phase I Environmental Site Assessment (ESA) for the Tier 2 EA

providing an evaluation of stations, maintenance and layover facilities, 18 crossing signal upgrade locations,
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and four new bridges. The Limited Phase I ESA included a review of the Minnesota Department of Agriculture

(MDA) database. Four locations were identified as having a high risk of encountering contamination during

construction, four locations were identified as having a medium risk of encountering contamination, and one

location was identified as having a low risk of encountering contamination. The results of the analysis in the

Tier 2 EA indicate that in the NLX study area, contaminated properties are present that pose a concern for right

of way acquisition and construction. Therefore, MnDOT will complete subsequent Phase I and Phase II ESAs

prior to any property acquisition or construction of the NLX Project.

The Tier 2 EA noted that one of the sites of concern was a creosote plant that was once located by the

Sandstone Maintenance Facility (a site with a high risk for contamination), but the Limited Phase I ESA did not

uncover specific location information about the site. The Limited Phase I ESA noted that the site was removed

from the MDA Permanent list of Priorities in 2011 and investigation of the site was complete. In a letter dated

May 23, 2017 (see Appendix B of this FONSI), Minnesota Department of Agriculture (MDA) provided

supplemental information regarding the Kettle River Company Creosote Plant (KRCCP) Site. The KRCCP Site

was located south of Minnesota Highway 23, north of Highway 123, and west of the BNSF line, including a

portion of the proposed Sandstone maintenance facility site. KRCCP used creosote to preserve paving blocks,

timbers and railroad ties. The site was added to the Minnesota Permanent List of Priorities in 2002 and is a

state‐funded project under the oversight of MDA. MDA investigations have found creosote related compounds

in soil and groundwater and remedial actions began in 2005. Because this supplemental information, it is now

noted that investigation at the KRCCP Site is still ongoing, and not considered complete as stated in the Limited

Phase I ESA. MnDOT will coordinate with MDA if development within the delineated KRCCP site occurs. This

supplemental information does not alter MnDOT’s obligation to complete subsequent Phase I and Phase II

ESAs prior to property acquisition or construction at the Sandstone site.

4.10.2 Avoidance, Minimization and Mitigation Commitments

In areas with substantial soil disturbance (that is, stations, maintenance and layover facilities and new bridge

construction) and at properties slated for acquisition, MnDOT will complete a targeted Phase I ESA and a Phase

II ESA when the NLX Project is funded and moves into final design and prior to construction and property

acquisition for the NLX Project. MnDOT will also conduct further investigation on the selected location for the

operations and maintenance facilities. A detailed file review at the MDA will be a key component of

subsequent investigation. MnDOT will undertake additional measures to address contaminated soil and/or

groundwater at the maintenance facility, as required, once the maintenance facility location is selected.

MnDOT will incorporate MDA’s recommendation to review MDA’s What’s in My Neighborhood? Agriculture

Interactive Mapping web browser into the Phase I ESAs that MnDOT will conduct when the NLX Project is

funded and moves into final design. If it is determined during the Phase I and/or Phase II ESA that construction
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of the Sandstone maintenance site will encounter contaminated soil and/or groundwater, or if acquisition of

property from any portion of the KRCCP site is needed, MnDOT will review the need for enrollment in the MDA

AgVIC program prior to construction. If contaminated properties cannot be avoided, the MnDOT will use the

Phase II ESA results to initiate liability protection processes with the appropriate regulatory agencies;

implement an environmental construction monitoring and a Contaminated Materials Management Plan,

approved by MPCA and WDNR, during construction and implement standard construction BMPs to avoid spills

that could contaminate soil, surface water, and groundwater.

In addition, during construction MnDOT will implement standard construction BMPs to avoid spills that could

contaminate soil, surface water and groundwater in the NLX Project area and immediately take appropriate

action in the event of a release during construction to remediate the situation in accordance with MPCA and

WDNR containment and remedial action procedures. MnDOT will develop and implement a Contaminated

Materials Management Plan approved by MPCA and WDNR, as needed, and develop a containment plan,

environmental monitoring plan, waste management plan, and contingency plan.

MnDOT will include reporting requirements to the Minnesota and/or Wisconsin State Duty Officer in the

construction contingency plan and/or other documents directing the procedural requirements for identifying

and responding to contaminated media encountered during construction.

4.10.3 Agency Finding

FRA finds that there are no significant impacts related to contaminated properties and regulated waste caused

by operations of the NLX Project with the implementation of identified mitigation commitments. With

completion of additional Phase I and Phase II ESAs, including at the location of the selected maintenance

facility, and implementation of an approved Contaminated Materials Management Plan and contingency plan,

MnDOT will mitigate any potential impacts during construction of the NLX Project. When final mitigation

commitments are developed, further environmental documentation will provide the details of what the

mitigation is, how it will be achieved and how the mitigation will be determined to achieve its desired

outcomes.

4.11 Cultural Resources

4.11.1 Summary of Impacts

FRA and MnDOT surveyed architectural and historic properties and received concurrence on eligibility of

34 properties, all in Minnesota, from the Minnesota State Historic Preservation Office (MnSHPO). The

Wisconsin State Historic Preservation Office (WisSHPO) concurred there are no eligible properties in Wisconsin
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in June 2014. A Phase I archaeology survey was completed in 2016 and both the MnSHPO and WisSHPO have

concurred that there are no historic properties for archaeology. FRA met with consulting parties to discuss the

eligible and listed properties and potential effects in April and May 2017. FRA submitted a determination of

effects (DOE) report to the MnSHPO describing the same findings documented in the Tier 2 EA and indicating

that the Project will result in no adverse effects to historic properties to reach resolution on Section 106 for

the NLX Project. MnSHPO concurred with this finding on August 31, 2017 (see Appendix D of this FONSI).

4.11.2 Avoidance, Minimization and Mitigation Commitments

FRA and MnDOT will continue to consult with MnSHPO, WisSHPO and other consulting parties in accordance

with the NLX Programmatic Agreement (PA) per Stipulation VII (C).7 In accordance with the NLX PA, future

additional survey of architecture history properties and archaeology properties may be required with final

design to update existing surveys and to evaluate any areas not previously identified. When funding is

available for final design and construction, FRA will consult with MnSHPO to avoid any potential adverse effect

from new construction when plans are developed for the Target Field Station (located within the Minneapolis

Warehouse Historic District), and at the Duluth Station (adjacent to the National Register‐listed Duluth Union

Depot) as described in the DOE report. When funding is available for final design and construction, MnDOT will

include plan provisions to avoid any indirect construction impacts to the Cedar Potato Warehouse and the

Kerrick Cheese Factory and Creamery as described in the DOE report. MnDOT will include provisions so that

fencing is appropriately placed to avoid impacts to historic properties. Fencing, construction staging and

construction are subject to future discussion with BNSF and other consulting parties.

MnDOT will also recheck the Wisconsin Archaeological Site Inventory when the NLX Project is funded and

moves into final design and construction.

4.11.3 Agency Finding

As described in the Tier 2 EA and the DOE report, FRA has determined that the NLX Project has no adverse

effects on historic properties.

                                                            

7   The Programmatic Agreement is located in Appendix P of the Tier 2 EA, beginning on page 33. Appendix P is located here:

http://www.dot.state.mn.us/nlx/documents/ea/appendices/NLX_EA_Appendix_P_Cultural_Resources_April2017.pdf.
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4.12 Farmland and Soils

4.12.1 Farmland

4.12.1.1 Summary of Impacts

There are 2.7 acres of farmland impacts, of which one acre is Farmland of Statewide Importance and none are

Prime Farmland. These impacts consist of 37 areas along the length of the NLX Project and are associated

primarily with grade crossing improvements.

4.12.1.2 Avoidance, Minimization and Mitigation Commitments

Where practicable, MnDOT will set aside topsoil in impacted farmland during construction to replace or be

reused in the NLX Project area.

4.12.2 Soils

4.12.2.1 Summary of Impacts

Portions of the NLX study area between Hinckley and Sandstone are in an area of soft, compressive soils that

may require soil correction, which is the removal of soils unsuitable for supporting rail infrastructure and

replacement with soils that can support rail infrastructure. Stations would be in developed communities. The

maintenance and layover facilities would be in developed communities and/or along existing transportation

rights of way. No soil impacts are anticipated from stations or the maintenance and layover facilities.

4.12.2.2 Avoidance, Minimization and Mitigation Commitments

To minimize impacts from soil disturbance, MnDOT will implement appropriate erosion and sediment control

measures in accordance with MnDNR. Implementation of BMPs, including silt curtains and revegetation

guidelines, would minimize potential impacts due to soil erosion. Further efforts to avoid and/or minimize soil

impacts will be developed during the design process. Any excavated unsuitable soils will be hauled off site and

properly disposed of at appropriate sites

4.12.3 Agency Finding

FRA finds that the NLX Project will not result in any significant impacts to farmlands and soils with

implementation of mitigation commitments. When final mitigation commitments are developed, further
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environmental documentation will provide the details of what the mitigation is, how it will be achieved and

how the mitigation will be determined to achieve its desired outcomes.

4.13 Parks and Recreation Areas

4.13.1 Parks and Recreation Areas

4.13.1.1 Summary of Impacts

The NLX Project will not permanently impact parks, recreation areas, or wildlife refuges. The NLX Project will

have temporary impacts related to construction of a third track and two new bridges to support the additional

track in Fridley and Coon Rapids. Temporary impacts during construction include noise, dust, and visual

impacts on Edgewater Gardens Park, Locke Lake Park, Plaza Park, Rice Creek West Regional Trail Corridor, and

Springbrook Nature Center.

4.13.1.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will minimize temporary noise, visual and dust impacts on parks during construction by complying with

local ordinances applicable to construction activities.

4.13.2 Trails

4.13.2.1 Summary of Impacts

There are no permanent impacts to trails. During construction, the NLX Project will result in temporary trail

closures of the following trails: Osborne Road Trail, 85th Avenue Northwest Trail, Coon Rapids Boulevard

Extension Trail, Tom Anderson Trail, North Anoka County Regional Trail, Rice Creek West Regional Trail, Isanti‐

Cambridge Trail, North Country National Scenic Trail, and Cross City Trail. The NLX Project will also result in

temporary closure of numerous crossings of snowmobile and ATV trails when railroad crossings experience

construction. Construction should have limited impact on snowmobile trails because most construction will

not occur in winter.

4.13.2.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will post trail closure signs and work closely with park officials with jurisdiction to provide timely public

information regarding closures. MnDOT will develop potential detours to maintain trail access and
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connectivity, to the extent practicable. MnDOT will coordinate the exact location and duration of these

detours with park officials with jurisdiction and communicate with the public in advance of implementation.

4.13.3 Agency Finding

FRA finds that the NLX Project will have temporary impacts on parks and recreation areas and trails; however,

these impacts are not significant when considering mitigation commitments of MnDOT to consult with local

officials to avoid, mitigate and minimize temporary closures and disruptions. When final mitigation

commitments are developed, further environmental documentation will provide the details of what the

mitigation is, how it will be achieved and how the mitigation will be determined to achieve its desired

outcomes. Refer to Section 5.0 for further discussion of temporary impacts and Section 4(f) and Section 6(f)

Determinations.

4.14 Socioeconomics

4.14.1 Community Facilities

4.14.1.1 Summary of Impacts

There are no substantial impacts on community facilities from the NLX Project and no permanent access

changes to community facilities because the NLX Project will not close public or private rail grade crossings.

Community facilities that may be affected by NLX stations include: temporary construction‐related impacts at

the City‐owned portions of the City Center Mall; a City of Hinckley maintenance building that will be relocated;

a strip of land that will be acquired from the Trinity Episcopal Church for the Hinckley Station; and temporary

relocation of the NSSR ticket office during construction of the passenger waiting area for the Duluth Station.

4.14.1.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and prior to construction, MnDOT will continue coordination with affected

community facilities regarding temporary construction impacts and alternative access. MnDOT will also

continue coordination with the NSSR and St. Louis County, the owner of Duluth Union Depot, to identify a

temporary space for NSRR’s ticketing office functions while the NLX Project passenger waiting area is under

construction.
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4.14.2 Community Access

4.14.2.1 Summary of Impacts

No public or private crossings are being closed by the NLX Project, and access will remain unchanged within

the Project corridor. Only temporary closures will be required during construction where crossings are closed

for the reconstruction and installation of new warning devices.

4.14.2.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will develop a traffic management plan for areas with rail grade crossings to identify alternate access

during crossing closures and continue public outreach to keep local communities informed of construction

schedules and crossing closures.

4.14.3 Safety and Security/Public Health

4.14.3.1 Summary of Impacts

The NLX Project will not negatively affect public safety and health because the Project will comply with all

federal regulations for signal and train control systems and fencing will be provided in urbanized areas to

support pedestrian safety. Additionally, NLX stations and facilities will provide features to help ensure safety

including lighting, ADA accessibility, and adherence to local and state building and safety codes.

4.14.3.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will adhere to local ordinances and safety requirements. MnDOT will install fencing in locations

throughout the NLX corridor where there is a high probability people would cross the tracks, such as at grade

crossings and in developed areas with residential development on both sides of the tracks. Although NLX trains

will operate at maximum track speed through communities as a general practice, MnDOT will consider slowing

speeds on a case by case basis for special events at specific locations and would coordinate with local

communities for such events.
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4.14.4 Infrastructure and Public Services

4.14.4.1 Summary of Impacts

The NLX Project will not require new or expanded public infrastructure or services other than roadway

improvements at crossings. The stations and facilities will be served by existing public and private utilities

extended from public rights of ways to serve site locations in Coon Rapids, Hinckley, and Superior, Wisconsin.

The development of proposed NLX stations and facilities may require the replacement or relocation of public

and private utilities in some locations.

4.14.4.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will continue coordination with utilities to avoid or minimize utility impacts and to avoid service

disruptions during construction.

4.14.5 Acquisitions and Relocations

4.14.5.1 Summary of Impacts

Of the 9 acres that will be acquired for stations or maintenance and layover facilities, as identified in Section

4.3, approximately 4 acres are privately owned property. Most of the privately‐owned property is vacant and

will be acquired at the Superior, Wisconsin Station, Cambridge Station and Hinckley Station, as well as at the

maintenance facility site at Sandstone, if that location is selected. A maintenance building owned by the City of

Hinckley will be relocated prior to construction of the Hinckley Station. These acquisitions and relocations are

not expected to affect socioeconomic and community resources because MnDOT coordinated closely with

local communities to locate stations and facilities in areas consistent with local land use and economic

development plans and the designs were developed to minimize and avoid impacts on surrounding

neighborhoods and community facilities.

4.14.5.2 Avoidance, Minimization and Mitigation Commitments

MnDOT will comply with the Uniform Act (49 CFR 24), Minnesota Statutes Chapter 117 and Wis. Stat.

Chapter 32, as applicable, for unavoidable land acquisitions, displacements or relocations of privately owned

properties.
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4.14.6 Agency Finding

FRA finds that the NLX Project will not have significant socioeconomic or community impacts when considering

mitigation commitments by MnDOT to coordinate with affected communities and businesses and follow

federal and state requirements, including the Uniform Act (49 CFR 24), Minnesota Statutes Chapter 117 and

Wis. Stat. Chapter 32, as applicable. When final mitigation commitments are developed, further environmental

documentation will provide the details of what the mitigation is, how it will be achieved and how the

mitigation will be determined to achieve its desired outcomes.

4.15 Environmental Justice

Minority and low‐income populations are located within the NLX project area. The following resources and

their associated NLX Project impacts were evaluated for the environmental justice analysis; these categories

were selected because the impacts in these categories tend to be localized and have the potential for high or

disproportionate impacts on communities with minority and low‐income populations:

4.15.1 Transportation

4.15.1.1 Summary of Impacts

The transportation analysis completed for the Tier 2 EA confirmed no significant impacts on traffic circulation

and operations are anticipated at the NLX stations and facilities including areas where minority or low‐income

populations are present. The analysis also concluded that grade crossing safety will be improved with

proposed grade crossing warning devices. This benefit will be provided throughout the NLX Project and in

areas with minority and low‐income populations.

4.15.1.2 Avoidance, Minimization and Mitigation Commitments

The avoidance, minimization and mitigation strategies identified for transportation related impacts in

Section 4.1 are sufficient to address impacts on minority or low‐income populations.

4.15.2 Right of Way

4.15.2.1 Summary of Impacts

Of the 9 acres that will be acquired for stations or maintenance and layover facilities, as identified in Section

4.3, approximately 4 acres are privately owned property. Acquisition of private land will only occur at the
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Cambridge, Hinckley, and Superior, Wisconsin station sites and the proposed maintenance facility site at

Sandstone. While some of these acquisitions occur in communities or census tracts that have minority or low‐

income populations, the acquisitions will occur on vacant properties and will not directly affect minority and

low‐income populations. The land that will be acquired will not require the relocation of any residences or

businesses.

4.15.2.2 Avoidance, Minimization and Mitigation Commitments

Acquisitions procedures will be conducted in accordance with the Uniform Act (49 CFR 24), Minn. Stat. 117 and

Wis. Stat. Chapter 32. No additional avoidance, minimization or mitigation measures are identified for minority

or low‐income populations.

4.15.3 Air Quality

4.15.3.1 Summary of Impacts

No adverse air quality impacts are anticipated for the NLX Project. Because no adverse impacts were identified,

there is no potential for any high and adverse impacts to be disproportionately borne by minority or

low‐income populations.

4.15.3.2 Avoidance, Minimization and Mitigation Commitments

No disproportionately high or adverse air quality impacts are anticipated on minority or low‐income

populations; therefore, no avoidance, minimization or mitigation measures are identified.

4.15.4 Noise and Vibration

4.15.4.1 Summary of Impacts

One vibration impact in Nickerson was identified and is not located in an area with identified minority or low‐

income populations. Noise impacts on residential and institutional uses are anticipated throughout the NLX

Project area, and in areas that meet the threshold for low‐income and minority populations. Nearly all noise

impacts in the NLX Project area are associated with horn blowing at crossings (in areas without existing quiet

zones) and range from moderate to severe impacts. Two areas of noise impacts, one four‐unit building in

Minneapolis (multifamily) and one in Braham (park), are associated with uses in proximity to the rail

alignment. However, these two areas are not located in census tracts or communities that meet the threshold
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for minority and low‐income populations. No noise impacts are associated with the operation of stations and

maintenance and/or layover facility sites.

In Pine County, noise impacts occur in several sparsely populated rural communities in the NLX Project area

that meet the threshold for low‐income and/or minority populations including Henriette (population of 50);

Hinckley (population of 1,727); Sandstone (population of 2,786); Askov (population of 371); and Bruno

(population of 85). The number of noise impacts will increase along this segment of the corridor if the

proposed maintenance facility is in Sandstone. Impacts are not related to the operation of the facility, but

instead are due to horn blowing from an additional nighttime round trip train operation that will be required

between Duluth and Sandstone if the maintenance facility is in Sandstone. Due to the prevalence of noise

impacts in all areas, noise impacts will not disproportionately impact minority and low‐income populations.

4.15.4.2 Avoidance, Minimization and Mitigation Commitments

No disproportionately high or adverse vibration impacts are anticipated on minority or low‐income

populations; therefore, no avoidance, minimization or mitigation measures are identified beyond what is

identified for noise and vibration in Section 4.9.

4.15.5 Visual

4.15.5.1 Summary of Impacts

The NLX Project is not expected to alter the general visual character of the adjacent landscape. Most proposed

track improvements will occur within the existing BNSF right of way and will not greatly alter the existing visual

character of surrounding communities. New signals and gates at grade crossings where there are none today

and fencing in developed areas where likely human and train interactions could occur will be noticeable

changes to viewers in some locations, but consistent with the existing rail corridor context. Also, the addition

of the six NLX stations will be a visual change in some locations, but the new facilities will be consistent with

their surroundings and generally will result in minimal visual impacts. The construction of new maintenance

and/or layover facilities in locations of existing or former railroad use will similarly result in minimal visual

impacts. These visual changes will not present a disproportionately high or adverse effect on minority or low‐

income populations because these impacts will be of low intensity and will be widely distributed throughout

the NLX Project area.
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4.15.5.2 Avoidance, Minimization and Mitigation Commitments

No disproportionately high or adverse visual impacts are anticipated on minority or low‐income populations;

therefore, no avoidance, minimization or mitigation measures are identified.

4.15.6 Socioeconomics

4.15.6.1 Summary of Impacts

The NLX Project will not negatively affect community facilities or services in areas with minority and low‐

income populations and will not affect community cohesion or access in areas where minority or low‐income

populations were identified. The existing tracks and freight traffic already constitute a physical presence within

all the communities in the NLX Project area. In addition, the NLX Project track infrastructure will be

constructed within existing railroad right of way, and all existing public and private crossings will be

maintained. Therefore, all local access and connectivity will be maintained.

The NLX Project will provide improved grade crossings and warning devices, which could reduce potential

train‐vehicle crashes, and improve safety throughout the NLX Project area. This benefit will be realized by

communities throughout the NLX Project area and in areas with minority and low‐income populations.

4.15.6.2 Avoidance, Minimization and Mitigation Commitments

No socioeconomic impacts are anticipated on minority or low‐income populations; therefore, no additional

avoidance, minimization or mitigation measures are identified beyond what is identified for socioeconomics in

Section 4.14.

4.15.7 Economics

4.15.7.1 Summary of Impacts

The economic impact analysis completed for the NLX Project found that the NLX Service will support existing

industries and growth of new businesses by improving access between communities, creating more temporary

and permanent jobs and fostering tourism. Many of the service jobs that could be spurred by increased

tourism could be accessible to low‐income populations.
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4.15.7.2 Avoidance, Minimization and Mitigation Commitments

No disproportionately high or adverse economic impacts are anticipated on minority or low‐income

populations; therefore, no avoidance, minimization or mitigation measures are identified.

4.15.8 Agency Finding

FRA finds that the NLX Project will not have disproportionately high and adverse human health or

environmental effects on minority population or low‐income populations. Identified avoidance, minimization

and mitigation commitments will eliminate or minimize construction‐related impacts on the communities.

When final mitigation commitments are developed, further environmental documentation will provide the

details of what the mitigation is, how it will be achieved and how the mitigation will be determined to achieve

its desired outcomes. Overall, the NLX Project will benefit both minority and low‐income populations by

providing improved accessibility and mobility.

4.16 Economics

4.16.1 Summary of Impacts

The NLX Project will provide positive economic benefits in terms of creating jobs, increasing property values,

generating tax revenues, providing travel time savings, and fostering tourism. The NLX Project will have a

minor impact on taxable property because of acquisition of approximately 4 acres of private, taxable property

that will be required for some station and facility sites.

4.16.2 Avoidance, Minimization and Mitigation Commitments

When the NLX Project is funded and moves into final design and construction, MnDOT will develop traffic

management plans to identify alternative access to businesses and services during potential roadway crossing

closures and continue public outreach to keep local communities and businesses informed of construction

schedules and activities.

4.16.3 Agency Finding

FRA finds that the NLX Project will have positive long‐term economic benefits from increased economic growth

around stations, increased property values and investments, new employment opportunities, broadening the

labor market by connecting workers to wider network of employers, and benefits from increased tourism.
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4.17 Indirect and Cumulative Effects

4.17.1 Summary of Impacts

Indirect impacts and cumulative effects, as well MnDOT’s commitments for avoidance, minimization and

mitigation, are summarized in Table 5.

Table 5: Summary of Indirect Impacts, Cumulative Effects and Associated Avoidance, Minimization and

Mitigation Commitments

Resource Induced Development Cumulative Effects

Avoidance, Minimization

and Mitigation

Commitments

Transportation The areas of indirect benefit

on transit include ridership

forecasts and operational

changes including increased

transit services.

Indirect impacts on the

transportation system are

not anticipated from

induced development at

station locations.

The indirect impact of rider

diversion in combination with the

reasonably foreseeable future

actions could affect the regional

bus service over time. There is

potential for an increased number

of people using public

transportation due to

development and redevelopment

around the proposed NLX stations.

No additional mitigation is

identified.

Land Use Indirect effects related to

the proposed NLX Project

include property conversion

related to station‐area

development.

The NLX Project area in

combination with the reasonably

foreseeable future actions, could

result in land use changes around

the station locations. Although

future actions are anticipated to

have minor effects on

development surrounding the

stations and on the mode of

transportation, no substantial

cumulative effects are anticipated.

Development and

redevelopment is regulated

by the affected local

jurisdictions in the NLX Project

area. No additional mitigation

is identified.
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Resource Induced Development Cumulative Effects

Avoidance, Minimization

and Mitigation

Commitments

Right of Way New station‐area

development could result in

displacements of existing

uses, limited by zoning,

comprehensive plans and

local economic conditions.

Additional transportation

investments in the NLX Project

area to serve induced

development, in combination with

the reasonably foreseeable future

actions, could lead to the

acquisition of right of way and the

relocation of residents and

businesses.

Although there could be

cumulative effects from the

acquisition and displacement

of residents and businesses,

induced development, and

available housing in the NLX

Project area, the NLX Project

will likely create more jobs

and housing opportunities

than what would be lost. No

mitigation is identified.

Vegetation and

Wildlife

New development induced

by the NLX Project, with

implementation of proper

BMPs, is unlikely to result in

impacts on habitat and

wildlife.

Induced development associated

with the NLX Project in

combination with the reasonably

foreseeable future actions will not

likely have a cumulative effect on

habitat or wildlife because of the

urbanized nature of the NLX

Project station sites.

No additional mitigation is

identified. Parties involved

will implement BMPs for any

new development and will

comply with applicable

environmental protection law.

Threatened and

Endangered

Species

New development induced

by the NLX Project may

cause indirect impacts on

threatened and endangered

species. The project will

implement BMPs to avoid

direct impacts and minimize

indirect impacts to the

extent practicable.

Induced development associated

with the NLX Project in

combination with the reasonably

foreseeable future actions will not

likely have a cumulative effect on

endangered species and

associated habitat because of the

urbanized nature of the NLX

Project station sites.

No additional mitigation is

identified for indirect and

cumulative effects. Parties

involved will implement BMPs

or any new development and

will comply with applicable

environmental laws.

Wetlands Induced development could

substantially affect

wetlands if new

developments were to

cause wetland impacts and

BMPs are not implemented.

No indirect impacts are

anticipated if BMPs are

implemented.

Induced development associated

with the NLX Project in

combination with the reasonably

foreseeable future actions could

have a cumulative effect if new

developments were to cause

wetland impacts and BMPs are

not implemented.

All permanent impacts on

wetlands caused by induced

development and future

actions will be mitigated by

parties involved according to

applicable regulations and

BMPs. No additional

mitigation is identified.
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Resource Induced Development Cumulative Effects

Avoidance, Minimization

and Mitigation

Commitments

Surface Water Induced development could

substantially affect water

quality and increase

impervious surface if BMPs

are not implemented during

the development process.

No indirect impacts are

anticipated if BMPs are

implemented.

Induced development associated

with the NLX Project in

combination with the reasonably

foreseeable future actions could

have a cumulative effect on

increased sediment and pollutant

load if BMPs are not

implemented.

All permanent impacts on

water quality caused by

induced development and

future actions will be

mitigated by parties involved

according to applicable

regulations and BMPs. No

additional mitigation is

identified.

Groundwater Induced development could

substantially affect

groundwater resources if

BMPs are not implemented

during the development

process.

No indirect impacts are

anticipated if BMPs are

implemented.

Induced development associated

with the NLX Project in

combination with the reasonably

foreseeable future actions could

have a cumulative effect on

groundwater quality and

availability if BMPs are not

implemented.

All permanent impacts on

groundwater resources

caused by induced

development and future

actions will be mitigated by

parties involved according to

applicable regulations and

using BMPs. No additional

mitigation is identified.

Noise and

Vibration

Some indirect noise impacts

are likely to occur in the

long term because of the

potential increase in

development density

anticipated around the NLX

stations. Changes in

development density and

intensity would bring more

people into contact with

noise produced by the NLX

Project.

Induced development associated

with the NLX Project in

combination with the reasonably

foreseeable future actions will

likely result in increased noise

impacts associated with more

people and traffic in the area.

Noise impacts caused by

development or other future

actions will be assessed for

mitigation on a project‐by‐

project basis. No additional

mitigation is identified.

Contaminated

Properties and

Regulated Waste

If BMPs are followed, no

substantial indirect impacts

would occur; beneficial

impacts would occur

through remediation.

Induced development associated

with the NLX Project in

combination with the reasonably

foreseeable future actions would

have a positive effect by

contributing to the remediation of

hazardous materials sites, because

such sites would be required to be

cleaned up as a condition of

development or redevelopment.

Parties involved will be

required to follow all state

and federal laws concerning

hazardous materials. No

additional mitigation is

identified.
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Resource Induced Development Cumulative Effects

Avoidance, Minimization

and Mitigation

Commitments

Cultural

Resources

Potential indirect impacts

could occur because of

induced development at

station locations. Impacts

on historic properties could

occur if redevelopment

changes the character of

the property’s use or

setting.

Cumulative impacts could occur

from induced development.

Historic properties could be

impacted if redevelopment

changes the character of the

property’s use or setting.

Effects on historic properties

will be identified and

addressed in accordance with

procedures in the PA for the

NLX Project.  

Visual Some indirect visual impacts

are possible in the long

term because the improved

accessibility of the areas

around the NLX stations

may create increased

demand for new

development, including

higher residential densities

and, in some cases, new or

expanded commercial

activities.

Continued development of transit

and transportation facilities, in

combination with reasonably

foreseeable future actions, could

cumulatively change views in the

NLX Project area over time.

Specifically, views could become

more urbanized, and wide‐open

views could in some cases become

more closed.

No additional mitigation is

identified.

Socioeconomics Long‐term indirect impacts

related to the NLX Project

that could affect access to

community facilities,

community character, and

community cohesion if

property conversion related

to station‐area

development occurs.

The NLX Project operations are

not anticipated to have negative

cumulative effects on

socioeconomic conditions in the

NLX Project area because the

infrastructure improvements and

maintenance and layover facilities

will be located largely within

existing railroad right of way or

publicly owned properties that are

in areas that either previously or

currently serve railroad

operations.

The types of indirect impacts

identified are typically

consistent with and governed

by applicable land‐use plans.

No mitigation is identified.
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Resource Induced Development Cumulative Effects

Avoidance, Minimization

and Mitigation

Commitments

Environmental

Justice

Potential displacement of

Environmental Justice

populations could result

from increased

development and

redevelopment in the

station areas.

The NLX Project operations are

not anticipated to have negative

cumulative effects on EJ

population conditions but

anticipate a positive effect over

time related to community

investment and increased access

to transportation options.

Local regulations and policies

will minimize potential

negative indirect or

cumulative effects.

Economics The NLX Project may

indirectly lead to new

development and/or

redevelopment of land

surrounding some of the

NLX stations, which could

have the effect of increasing

property tax revenues for

the affected local

jurisdictions.

Continued development of transit

and transportation facilities in the

NLX Project area over time, in

combination with the reasonably

foreseeable future actions could

cumulatively strengthen the

business climate by providing

improved transportation access to

customers and employees.

No mitigation is identified.

4.17.2 Avoidance, Minimization and Mitigation Commitments

Refer to Table 5 for MnDOT avoidance, minimization and mitigation commitments.

4.17.3 Agency Finding

FRA finds that the NLX Project will not result in significant indirect impacts or cumulative effects when

avoidance, minimization and mitigation measures are applied. These include following applicable federal, state

and local laws, regulations, policies, and plans for the indirect impacts or cumulative effects as summarized in

Table 5. When final mitigation commitments are developed, further environmental documentation will

provide the details of what the mitigation is, how it will be achieved and how the mitigation will be determined

to achieve its desired outcomes.
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5. Section 4(f) and Section 6(f) Determinations

5.1 Section 4(f)

5.1.1 Summary of Impacts

Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 United States Code [USC] 303),

hereinafter referred to as Section 4(f), provides protection to publicly owned parks, recreation areas, wildlife,

and waterfowl refuges, and public or private historic resources. Section 4(f) prohibits the use8 of these lands

unless U.S. DOT determines either:

 There is no feasible and prudent avoidance alternative and the action includes all possible planning to

minimize harm to the property resulting from such use

 The use of the property, including any measure(s) to minimize harm (such as any avoidance, minimization,

mitigation, or enhancement measures) would have a de minimis impact.9

FRA’s final determination is that there will be a Section 4(f) use of five Section 4(f) properties located in Anoka

County. FRA determined there are no prudent and feasible alternatives to the Section 4(f) use of these

properties. Further, during NLX Project construction, some parks, recreation areas and trails could be

temporarily impacted by short term rail grade crossing closures or temporary construction easements (See

Table 6).  

The impacts to Section 4(f) properties include:

 Use of one park (trail corridor) and four trails crossing the NLX Project

 De minimis impacts on nine recreational trails crossing the NLX Project

 De minimis impacts on three snowmobile and all‐terrain vehicle (ATV) trails crossing the NLX Project

 Temporary occupancy10 of four parks and recreation sites

                                                            

8   A use under Section 4(f) is when land from a Section 4(f) property is permanently incorporated into a transportation facility (23 CFR §

774.17). A constructive use is when a project’s proximity impacts are so severe that the projected activities, features or attributes that

quality a resource for protection under Section 4(f) are substantially impaired and the resource can no longer perform its designated

function (23 CFR § 774.15).

9   A de minimis impact is one that, after taking into account avoidance, minimization, mitigation and enhancement measures, results in

no adverse effect to the activities, features, or attributes qualifying a park, recreation area, or refuge for protection under Section 4(f).

10 A temporary occupancy of land is so minimal that it does not constitute a use within the meaning of section 4(f) when the duration is

temporary, the scope of work is minor, there are no anticipated permanent adverse physical impacts, and the property is restored to

the condition in which it was originally found.
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 Temporary occupancy of seven snowmobile and all‐terrain vehicle (ATV) trails crossing the NLX Project

Additionally, historic properties of national, state, or local significance in public or private ownership have

been identified by MnDOT Cultural Resources Unit (CRU) on behalf of FRA. FRA made a determination of no

adverse effect on historic properties and MnSHPO concurred with the determination on August 31, 2017,

therefore there is no Section 4(f) use of historic properties.

Appendix E is the Final Section 4(f) and 6(f) Evaluation and provides a detailed discussion of efforts to identify

potential Section 4(f) properties and impact evaluation. MnDOT presented the proposed impacts on the trails,

parks and recreation areas at three public meetings held in May 2017 and accepted comments on Section 4(f)

properties during the public comment period for the Tier 2 EA and Draft Section 4(f) Evaluation. MnDOT

received comments on noise impacts at Nicollet Island Park, Locke Lake Park, Bunker Hills Regional Park and BF

Nelson Park in Hennepin and Anoka counties. The noise analysis did not identify noise impacts at these parks.

MnDOT also received comments on noise, vibration and safety impacts at Freedom Park in Braham. The noise

analysis identified a severe residual impact. When the NLX Project is funded and moves into final design, and

before any final decision is made regarding noise mitigation at Freedom Park, MnDOT will conduct a site‐

specific 24‐hour existing noise measurement to determine more precise noise conditions and if residual noise

can be mitigated. The vibration analysis did not identify impacts at Freedom Park. Regarding comments on

safety, MnDOT will install fencing in areas of high pedestrian activity in Braham. The NLX Project will operate in

BNSF right of way, which BNSF will continue to maintain for safe operating conditions. Although NLX trains will

operate at maximum track speed through communities as a general practice, MnDOT will consider slowing

speeds on a case by case basis for special events at specific locations, such as Freedom Park, and would

coordinate with local communities for such events.

FRA and MnDOT coordinated with officials with jurisdiction (OWJ)11 on the Section 4(f) resources to review the

preliminary temporary occupancy and the de minimis use findings for trail resources, along with avoidance and

minimization measures. MnDOT contacted each OWJ by phone, and FRA sent letters requesting OWJ

concurrence on either temporary occupancy or de minimis findings on May 2, 2017.

Table 6 summarizes each Section 4(f) resource, type of use and dates of concurrence from OWJs. For historic

properties, FRA submitted a Determination of Effects (DOE) to the MnSHPO that has determined no adverse

effect on historic properties (see Appendix D).

                                                            

11  An official with jurisdiction is an official of the agency or agencies that own or administer the property in question and who are

empowered to represent the agency on matters related to the property.
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Table 6: Section 4(f) Properties and Types of Use Evaluated in the Final Section 4(f) Evaluation

Name of

Section 4(f)

Resource

Property

Type

Location Final Section

4(f)

Determination

Section 4(f) Qualifying Description

Official with

Jurisdiction

(OWJ)

Concurrence

Received

Cedar Lake Trail Trail

Minneapolis,

MN De minimis Potential intermittent trail closures in sections adjacentto BNSF right of way near Target Field Station.

Minneapolis Park and

Recreation Board July 14, 2017

Grand Rounds

Trail Trail

Minneapolis,

MN De minimis Potential intermittent trail closures for the sectionbelow the BNSF bridge over West River Parkway.

Minneapolis Park and

Recreation Board July 14, 2017

Edgewater

Gardens Park Park Fridley, MN TemporaryOccupancy

About 0.04 acres for construction of a new rail bridge

over Mississippi Street Northeast to support

construction of a third track. City of Fridley May 22, 2017

Locke Lake Park Park Fridley, MN Temporary

Occupancy

Approximately 0.07 acre to construct a new bridge over

Rice Creek to support construction of a third track.   City of Fridley May 22, 2017

Plaza Park Park Fridley, MN Temporary

Occupancy

Approximately 0.45 acre to construct a new bridge over

Rice Creek to support construction of a third track.   City of Fridley May 22, 2017

Springbrook

Nature Center

Park Fridley, MN Temporary

Occupancy Approximately 0.33 acre to extend two culverts.   City of Fridley May 22, 2017

Rice Creek West

Regional Trail

Corridor

Park Fridley, MN Use   Approximately 0.35 acre to construct a third track.  

Anoka County

No concurrence

received1

Mississippi River

Regional Trail Trail Fridley, MN Use

Closure of approximately 120 feet of the trail under and

near the BNSF bridge over Rice Creek during bridge

construction. An additional 400 feet of the rail south of

Locke Park within construction limited will need to be

closed during construction.   Anoka County

No concurrence

received1

Rice Creek West

Regional Trail

Trail Fridley, MN Use

Closure of approximately 100 feet of trail under BNSF

bridge over Rice Creek during bridge construction. An

additional 1,600 feet of trail within construction limits

will need to be closed during construction.   Anoka County

No concurrence

received1
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Name of

Section 4(f)

Resource

Property

Type

Location Final Section

4(f)

Determination

Section 4(f) Qualifying Description

Official with

Jurisdiction

(OWJ)

Concurrence

Received

Osborne Road

Trail

Trail Fridley, MN De minimis2 Temporary closure of the trail at the Osborne Road

grade crossing for crossing improvements. City of Fridley May 22, 2017

85th Avenue

Northwest Trail

Trail Coon Rapids,

MN De minimis2 Temporary closure of the trail at the 85th Avenue grade

crossing for crossing improvements. City of Coon Rapids July 10, 2017

Egret Boulevard

Northwest Trail

Trail Coon Rapids,

MN De minimis2 Temporary closure of the trail at the Egret Boulevard

Northwest grade crossing for crossing improvements. City of Coon Rapids July 10, 2017

Tom Anderson

Trail Trail Andover, MN De minimis2

Temporary closure of the trail where the BNSF crosses

over the trail on a bridge to allow for bridge

modifications. City of Andover May 8, 2017

Proposed North

Anoka County

Regional Trail

Trail Oak Grove, MN Use Temporary closure of the trail at the 221st Avenue

Northwest grade crossing for crossing improvements. Anoka County

No concurrence

received1

Rum River

Snowmobile

Trail

Snowmobile

Trail Isanti County,

MN Use  

Temporary closure of the trail at the 261st Avenue

grade crossing (south of the City of Isanti) to allow for

crossing improvements.

MnDNR

Anoka County

Rum River Trail

Association

MnDNR: June 7,

2017

Association: May

10, 2017

Anoka County: No

concurrence

received1

Isanti‐Cambridge

Trail Trail Isanti, MN De minimis2

Temporary closure of the trail adjacent to the grade

crossing at 305th Avenue Northeast to allow for crossing

improvements. City of Cambridge June 21, 2017

Cambridge‐

Weber‐Starks‐

Isanti

Snowmobile

Trail

Snowmobile

Trail

Cambridge, MN Temporary

Occupancy

Temporary closure of the trail at the 11th Avenue

Southeast grade crossing to allow for crossing

improvements.

MnDNR

Cambridge‐Weber‐

Starks‐Isanti

Snowmobile Club

MnDNR: June 7,

2017

Club: July 26, 2017
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Name of

Section 4(f)

Resource

Property

Type

Location Final Section

4(f)

Determination

Section 4(f) Qualifying Description

Official with

Jurisdiction

(OWJ)

Concurrence

Received

Northern Lite

Snowmobile

Trail Snowmobile

Trail

Isanti and

Kanabec

Counties, MN

Temporary

Occupancy

Temporary closure of the trail for crossing

improvements at the following grade crossings:

 357th Avenue

 370th Avenue

 Two crossings near 375th Avenue north of

Grandy

 Two private crossings north of Braham

MnDNR

Northern Lites

Snowmobile Club

MnDNR: June 7,

2017

Club: August 23,

2017

Hinckley‐Pine

City Snowmobile

Trail

Snowmobile

Trail

Pine County,

MN

Temporary

Occupancy

Temporary closure of the trail at the grade crossings at

Pokegama Avenue near Henriette, and at Old Highway

61 in Hinckley for crossing improvements.

MnDNR

City of Pine City

Hinckley‐Pine City

Flames Snowmobile

Club

MnDNR: June 7,

2017

City of Pine City:

August 8, 2017

Pine 1, 2, 3s

Snowmobile

Trails

Snowmobile

Trail

Pine County,

MN

Temporary

Occupancy

Temporary closure of the trail for a temporary

construction access easement northeast of Askov, and

at crossings near Railroad Avenue northeast of Bruno,

near MN 23; at Deerfield Road and at Klein Road in

Kerrick; at Range Line Road, Erickson Road and Berger

Road near Duquette; and at Wolf Drive and DeLong

Street near Nickerson. Some closures may be to allow

track work to proceed, or for improvements where the

trail uses a roadway grade crossing.

MnDNR

Northern Pine Riders

Snowmobile Club

MnDNR: June 7,

2017

Club: May 28,

2017

Moosehorn

Snowmobile

Trail

Snowmobile

Trail

Carlton County,

MN

Temporary

Occupancy

Temporary closure of grade crossings at County Road

145 and at Granzow Road near Holyoke.  

MnDNR

Carlton County

Moose Horn Rod and

Gun Snowmobile

Club

MnDNR: June 7,

2017

Carlton Co.: May

23, 2017

Club: June 1, 2017
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Name of

Section 4(f)

Resource

Property

Type

Location Final Section

4(f)

Determination

Section 4(f) Qualifying Description

Official with

Jurisdiction

(OWJ)

Concurrence

Received

Saunders Grade

Snowmobile/Wi

nter ATV Trail

Snowmobile/A

TV Trail

Douglas

County, WI

Temporary

Occupancy

Temporary closure of the trail near County Road C south

of Superior, WI. Douglas County, WI

Forestry Department June 19, 2017

North Country

National Scenic

Trail

Trail Foxboro, WI De minimis2 Temporary closure of the trail at the West County Road

W grade crossing for crossing improvements. National Park Service May 31, 2017

Gandy Dancer

Snowmobile

Trail and

Winter/Summer

ATV

Trail,

Snowmobile/A

TV Trail

Superior, WI De minimis2 Temporary closure of the trail at the South Merrill Road

grade crossing for crossing improvements. Douglas County, WI

Forestry Department June 19, 2017

Trail 28

(Snowmobile

and

Winter/Summer

ATV)

Snowmobile/A

TV Trail Superior, WI De minimis2 Temporary closure of the trail at the North 58th Street

crossing for crossing improvements. Douglas County, WI

Forestry Department June 19, 2017

Orange Trail

(Snowmobile

and Winter ATV

Snowmobile/A

TV Trail

Superior, WI Temporary

Occupancy

Temporary closure of the trail at the North 58th Street

crossing for crossing improvements. Douglas County, WI

Forestry Department June 19, 2017

Proposed North

58th Street Trail ATV Trail Superior, WI De minimis2 Temporary closure of the trail at the North 58th Streetcrossing for crossing improvements.

Douglas County, WI

Forestry Department June 19, 2017

Cross City Trail Trail Duluth, MN De minimis2 Temporary closure of the trail crossing just south of

downtown Duluth to allow for track improvements. City of Duluth June 13, 2017

1   A letter was received on September 8, 2017 from the Anoka County Parks and Recreation Department requesting additional data on the project noise level for this Section 4(f)

resource. This letter requested information, but did not respond to a request for concurrence on the preliminary determination, therefore for purposes of the Final Section 4(f)

Evaluation, FRA determined there is a use for the resource. This letter and FRA’s response are located in Appendix E.  
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2 The temporary closure of a trail does not meet the criteria for a temporary occupancy as defined under 23 CFR § 774.13. The NLX Project construction activities will temporarily interfere

with the protected activities, features, or attributes of the trail. Temporary closures of snowmobile trails meet the criteria for temporary occupancy since work will occur when the trails

are not in use.
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5.1.2 Avoidance, Minimization and Mitigation Commitments

MnDOT has made the following commitments to minimize and mitigate impacts during construction.  

Temporary noise, visual and dust impacts on parks during construction will be minimized through compliance

with local ordinances applicable to construction activities, which may include schedule restrictions to avoid

nighttime construction, and use of water to suppress dust.

MnDOT will also implement measures to minimize and mitigate impacts to Section 4(f) resources during

construction in coordination with Anoka County, as well as the OWJs who concurred with temporary

occupancy use and de minimis determinations. While the anticipated closures of the park and trail resources

will be temporary, FRA and MnDOT considered additional measures that will be taken to reduce the impact of

park and trail closures. MnDOT will:

 Avoid closing adjacent trail crossings at the same time so that trail users will have an alternate crossing

location.

 Minimize the duration of closures. Trail closures will be less than one week and construction in the park

will be limited to one construction season.  

 Coordinate with Anoka County to review and comment on traffic control plans with sufficient advanced

notice before construction begins on the trail.

 Establish detours where practicable to provide trail users an alternate travel route.

 Schedule closures, especially on heavily used trails, during lower use periods to the extent practicable.

Construction at snowmobile trails will occur during summer months to avoid affecting snowmobile use.

 Post trail closure signs and work closely with Anoka County to provide timely public information regarding

closures.  

 Communicate closures and associated detours with the public in advance.

 Restore all trail crossings and approaches to pre‐construction conditions or better.

 Maintain trail connections in the long‐term.

 Regrade and re‐seed disturbed areas to preconstruction conditions.

 As requested by the City of Coon Rapids, MnDOT will also notify the City of Fridley of scheduled

construction activities and mitigation commitments regarding the 85th Avenue Northwest Trail crossing.
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5.1.3 Agency Finding

After considering input from the public meetings and confirmation from OWJs, FRA finds that the NLX Project

will result in a use, a de minimis impact and temporary occupancy of recreational resources listed in Table 6.

Based on the design and analysis completed for the NLX Project, FRA has determined that permanent and

temporary uses by the NLX Project will not adversely affect the features, attributes or activities that qualify

properties in the NLX Project for Section 4(f) protection. Further, most of the proposed improvements will

occur within existing railroad or highway right of way. The impacts on the Section 4(f) resources will be

temporary and are unavoidable, and MnDOT will implement measures to minimize harm as the project

advances through the design process and construction. Appendix E provides FRA’s Final Section 4(f) and

Section 6(f) Evaluation.  

5.2 Section 6(f)

5.2.1 Summary of Impacts

MnDOT evaluated potential impacts to Section 6(f) properties in the NLX study area. The Land and Water

Conservation Fund (LWCF) Act of 1965 (Public Law 88‐578, which is codified as 16 USC 460) provides funding

for parks and recreational facilities across the United States. Section 6(f)(3) of the LWCF Act, commonly

referred to as Section 6(f), contains provisions to protect federal investments in park and recreation resources

and ensure that the public outdoor recreation benefits achieved through use of these funds are maintained.

No permanent acquisition of Section 6(f) or Outdoor Recreation Grant Program lands are anticipated.

Temporary easements may be required at one Section 6(f) park, Springbrook Nature Center. The construction

work in the park will take less than six months and the property will be returned to preexisting conditions

following construction. FRA will provide the Final 4(f) and 6(f) Evaluation (Appendix E) to the NPS as part of

continuing coordination with the MnDNR and NPS regarding concurrence with its Section 6(f) finding on the

Springbrook Nature Center when funding is available to advance the project to final design and construction.

MnDOT anticipates that refinements during final design will eliminate impacts.  
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5.2.2 Avoidance, Minimization and Mitigation Commitments

No avoidance, minimization and mitigation measures are identified because the temporary easement for

construction activities is expected to meet the criteria of a temporary non‐conforming use. If permanent

acquisition or easement from Section 6(f) properties will be required, FRA and MnDOT will coordinate with the

National Park Service and MnDNR to obtain approval for the conversion and to reach agreement on mitigation.

5.2.3 Agency Finding

For reasons stated above, FRA finds that the NLX Project will not result in a conversion of Section 6(f) lands.

Appendix E provides FRA’s Final Section 4(f) and Section 6(f) Evaluation.
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6. Comments and Coordination

MnDOT developed and implemented a Stakeholder Engagement Plan (SEP) early in the Tier 1 EA process to

identify public and agency outreach activities and a Public Involvement Plan Supplement, which identified

additional outreach activities that built on the work initiated during the Tier 1 EA process.

MnDOT’s outreach activities during the Tier 2 EA process included establishing an NLX Steering Committee,

hosting stakeholder meetings and workshops, holding public open houses, developing nine project

newsletters, and maintaining a project website. Three series of public open houses (12 meetings total) were

held between December 2014 and October 2016. The meetings were informal with an open house format

featuring visual display boards on varying topics. Verbal and written comments received during these open

houses included general support of the NLX Project, as well as concerns about aesthetics, project operations,

project costs and grade crossings. All materials, including meeting summaries and collected feedback, are

available in Appendix O of the Tier 2 EA and posted on the NLX Project website for review

(www.mndot.gov/nlx).

The Tier 2 EA was published on April 24, 2017 and available for public review and comment until May 24, 2017.

During the 30‐day public review period, MnDOT held three public meetings on May 16, 17, and 18, 2017 from

5:30 to 7:30 PM in Sandstone, Duluth and Coon Rapids, MN, respectively. See Table 7 for the attendance and

number of comments received at each public meeting.

Table 7: Public Meeting Attendance and Comments Received

Location Approximate No. of

Attendees

No. of Oral Comments

Provided

No. of Written

Comments Provided

Sandstone Senior Center,

Sandstone, MN

17; 1 media 5 3

Duluth Depot, Duluth, MN1 44; 2 media 2 10

Coon Rapids Civic Center, Coon

Rapids, MN

24; 1 media 2 2

Total 85; 4 media 9 15

1 The public meeting in Duluth also served as a public hearing to meet requirements under Wisconsin Administrative Code Chapter

TRANS 400.11, Distribution and Review of Environmental Documents.

Twenty‐four oral and written comments were received at the public meetings, as well as 17 additional written

comments received during the public review period, from 41 agencies, individuals and businesses. Comments

were given a unique identifying code to enable organizing comments by:
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 Order the communication was received,

 Discrete comments within the communication, and

 Theme and issue of discrete comments, generally based on the Tier 2 EA sections and subsections.

The comment coding process is fully described in Appendix B and Appendix C of this FONSI.

All comments received were reviewed and considered when developing this FONSI.

Seventy‐nine unique comments were included in the comment letters received from the following nine

agencies:

 U.S. Environmental Protection Agency

 Minnesota Department of Agriculture

 Minnesota Department of Natural Resources

 Minnesota Pollution Control Agency

 Wisconsin State Historical Society

 Metropolitan Council

 Hennepin County

 City of Braham

 City of Minneapolis

Agencies provided comments on resources evaluated in the Tier 2 EA, including natural resources,

contaminated sites, parks and recreational areas, safety, noise and vibration impacts, archaeological resources,

and transit, freight and passenger rail services. Serving as a Cooperating Agency for the NLX Project, the EPA

submitted comments on the administrative draft Tier 2 EA on March 30, 2017. On April 5, 2017 FRA held a

conference call with EPA staff to discuss FRA’s approach to addressing comments in the Tier 2 EA, indicating

that due to lack of funding for the NLX Project, many of the detailed evaluations would be more appropriately

completed when the NLX Project is funded and moves into final design and construction. As appropriate and

necessary, MnDOT will supplement environmental documentation to fully address EPA’s comments and

recommendations. Agency comments and responses are included in Appendix B of this FONSI.

Sixty‐nine unique comments were included in the comment letters received from the public. Twenty‐one

comments indicated general support for the project, while four comments expressed general opposition.

Comments also reflected questions about NLX operations including requests for additional stops in

communities in the corridor and convenience and the cost‐effectiveness of the service. Concerns were raised

about noise, safety and economic impacts, particularly in communities that will not have a station stop.
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Comments were also received regarding selection of Duluth or Sandstone for the maintenance facility. Public

comments and thematic responses are included in Appendix C of this FONSI.

Table 8 provides the themes of the agency and public comments and the number of unique comments

received for each theme. Comments and responses are also posted on the project website at

www.mndot.gov/nlx.

Table 8: Summary of Comments Received During Public Review of NLX Tier 2 EA

Theme/Issue Number of Comments

General Support 21

General Opposition 4

Build Alternative – Decision Making Process 1

Build Alternative – Stations 1

Build Alternative – Maintenance Facility 5

Build Alternative – Infrastructure Improvements 3

Build Alternative – Operations 15

Build Alternative – Safety 9

Passenger Rail Operations 3

Transit 4

Traffic Circulation 1

Bicycle and Pedestrian Facilities 3

Right of Way 1

Vegetation and Wildlife 8

Threatened and Endangered Species 4

Wetlands 6

Surface Water 12

Air Quality 1

Noise and Vibration 10

Contamination and Regulated Waste 17

Cultural Resources 1

Farmland and Soil 1

Parks and Recreation Areas 2

Socioeconomics 2

Environmental Justice 1

Economics 6

Indirect and Cumulative Effects 1

Public and Agency Involvement 5

Total 148
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Finding of No Significant Impact and Section 4(f) Determination 

7. Conclusion 

Conclusion 

FRA finds that the April 2017 Tier 2 EA for the Northern Lights Express Passenger Rail Project satisfies the 

requirements of FRA's Procedures for Considering Environmental Impacts (64 FR 28545, May 26, 1999, as 

updated in 78 FR 2713, January 14, 2013) and NEPA (42 USC§ 4321). FRA has determined that the Northern 

Lights Express Passenger Rail Project, as presented and evaluated in the Tier 2 EA, will have no foreseeable 

significant impact on the quality.of the human and natural environment, provided it is implemented in 

accordance with the mitigation commitments identified in this FONSI. This FONSI is based on the information 

presented in the Tier 2 Project Level EA as incorporated into this FONSI by reference, which was independently 

evaluated by the FRA and determined to adequately and accurately discuss the purpose and need, affected 

environmental impacts of the Project, and appropriate avoidance, minimization and mitigation measures. 

Should FRA provide funding for Final Design and/or construction of the Project, FRA will be responsible for 

ensuring that the Project sponsor, MnDOT, fully implements the environmental mitigation commitments 

identified in this FONSI in addition to any further environmental analysis that may be required. The Tier 2 EA 

and Final Section 4(f) Evaluation provide sufficient evidence and analysis for FRA to determine that an 

Environmental Impact Statement is not required for the Project as presented. 

Jamie Rennert 

Office Director 

Federal Railroad Administration 

mi DEPARTMENT OF 

TRANSPORTATION 

U.S. Department 

of Transportation 

Federal Railroad 

Administration 

Date 

17-1 I 

NORTHERN LIGHTS EXPRESS